RD v R [2013] NSWCCA 306

RD v R [2013] NSWCCA 306

Reading the sentencing remarks as a whole, the Court was not persuaded that the sentencing judge double counted the in company feature by treating it as an aggravating factor under s21A(2). The judge used the language of aggravation infelicitously to emphasise the seriousness of the total offending. In any event, given the very serious robberies, the use of weapons and disguises, the fear and violence involved, the applicant's conditional liberty and record, and the already lenient concurrency produced by totality, no lesser sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Sentence Appeal
Outcome
Leave to appeal against sentence granted. Appeal dismissed.
Legal Topics
['aggravated Robbery With a Dangerous Weapon' 'double Counting' 'aggravating Factors' 'offences Committed in Company' 'youth and Deprived Background' 'totality']
['criminal Law' 'sentencing'] ['aggravated Robbery With a Dangerous Weapon' 'double Counting' 'aggravating Factors' 'offences Committed in Company' 'youth and Deprived Background' 'totality']

Case Brief

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Sentence Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by treating the fact that the offences were committed in company as an aggravating factor.' 'Whether any double counting of the in company feature occurred.' 'If error was established, whether a lesser sentence was warranted in law.']

Ratio Decidendi

Reading the sentencing remarks as a whole, the Court was not persuaded that the sentencing judge double counted the in company feature by treating it as an aggravating factor under s21A(2). The judge used the language of aggravation infelicitously to emphasise the seriousness of the total offending. In any event, given the very serious robberies, the use of weapons and disguises, the fear and violence involved, the applicant's conditional liberty and record, and the already lenient concurrency produced by totality, no lesser sentence was warranted in law.

Court Disposition

Leave to appeal against sentence granted. Appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']