R v Ferrer [2008] NSWCCA 104

R v Ferrer [2008] NSWCCA 104

The Court held that the sentencing judge's assessment that the offence was somewhat below mid-range was open on the facts found and there was no specific error. The sentence, although lenient, was not manifestly inadequate and did not warrant appellate intervention.

Jurisdiction
Australia
Judgment Date
19 May 2008
Procedural Posture
Crown Appeal Against Sentence / Judgment on Appeal
Outcome
Crown appeal dismissed
Legal Topics
['crown Appeal Against Sentence' 'malicious Wounding With Intent' 'manifest Inadequacy of Sentence' 'assessment of Objective Seriousness']
['criminal Law'] ['crown Appeal Against Sentence' 'malicious Wounding With Intent' 'manifest Inadequacy of Sentence' 'assessment of Objective Seriousness']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for malicious wounding with intent to do grievous bodily harm was manifestly inadequate' 'Whether the sentencing judge erred in assessing the objective seriousness of the offence']

Ratio Decidendi

The Court held that the sentencing judge's assessment that the offence was somewhat below mid-range was open on the facts found and there was no specific error. The sentence, although lenient, was not manifestly inadequate and did not warrant appellate intervention.

Court Disposition

Crown appeal dismissed

Orders

  • ['Crown appeal against sentence is dismissed']