Regina v Elfar [2003] NSWCCA 358

Regina v Elfar [2003] NSWCCA 358

Because the Crown did not object to the tender of hearsay material at sentence, did not dispute the coercion asserted, and tacitly accepted reliance on such material, there was no appellable error in the judge accepting it. The sentence imposed, though lenient, was within the appropriate range having regard to the respondent's youth, limited participation, coercion by his father, good prospects for rehabilitation, remorse, and other subjective factors.

Jurisdiction
Australia
Judgment Date
02 December 2003
Procedural Posture
Criminal Appeal / Judgment on Crown Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
['sentencing' 'crown Appeals' 'conspiracy' 'stolen Property' 'duress']
['criminal Law'] ['sentencing' 'crown Appeals' 'conspiracy' 'stolen Property' 'duress']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Crown Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly inadequate' "Whether the sentencing judge erred by giving undue weight to the respondent's subjective circumstances based on untested hearsay material"]

Ratio Decidendi

Because the Crown did not object to the tender of hearsay material at sentence, did not dispute the coercion asserted, and tacitly accepted reliance on such material, there was no appellable error in the judge accepting it. The sentence imposed, though lenient, was within the appropriate range having regard to the respondent's youth, limited participation, coercion by his father, good prospects for rehabilitation, remorse, and other subjective factors.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal is dismissed']