R v Markarian [2005] NSWCCA 264

R v Markarian [2005] NSWCCA 264

Although the original sentence was manifestly inadequate, the appeal was dismissed in the exercise of the Court's discretion, considering that the respondent had served more than the imposed sentence, was released without parole support, suffered additional hardship due to ongoing appeals, and genuinely progressed towards rehabilitation.

Parties
Appellant: Regina; Respondent: Anthony Vasken Markarian
Jurisdiction
Australia
Judgment Date
03 August 2005
Procedural Posture
Criminal Appeal / Disposition of Appeal Remitted by High Court
Outcome
Appeal dismissed
Legal Topics
Sentencing, Appeal Against Sentence, Manifest Inadequacy
Criminal Law Sentencing Appeal Against Sentence Manifest Inadequacy

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Appellant

Anthony Vasken Markarian

Respondent

Procedural Posture

Criminal Appeal / Disposition of Appeal Remitted by High Court

Legal Issues

  1. 1 Whether the sentence imposed by the District Court was manifestly inadequate
  2. 2 Whether, in the exercise of discretion, the appeal by the Crown should be allowed in light of additional events since the original sentence

Ratio Decidendi

Although the original sentence was manifestly inadequate, the appeal was dismissed in the exercise of the Court's discretion, considering that the respondent had served more than the imposed sentence, was released without parole support, suffered additional hardship due to ongoing appeals, and genuinely progressed towards rehabilitation.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the Crown is dismissed.