R v Hollaway [2016] NSWCCA 166

R v Hollaway [2016] NSWCCA 166

The sentencing judge did not err in exercising discretion to backdate the sentence, appropriately considered protection of the community and specific deterrence, and the sentence imposed was not manifestly inadequate given the circumstances of the offence and the respondent's subjective case.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 August 2016
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal (decision on Appeal)
Outcome
Crown appeal against sentence dismissed
Legal Topics
['sentencing' 'attempted Choking' 'backdating Sentence' 'protection of Community' 'specific Deterrence' 'manifestly Inadequate Sentence']
['criminal Law'] ['sentencing' 'attempted Choking' 'backdating Sentence' 'protection of Community' 'specific Deterrence' 'manifestly Inadequate Sentence']

Source-derived case record

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Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal (decision on Appeal)

Legal Issues

  1. 1 ['Whether the sentencing judge erred in backdating the sentence' 'Whether the sentencing judge failed to consider the protection of the community' 'Whether the sentencing judge failed to adequately consider specific deterrence' 'Whether the sentence was manifestly inadequate']

Ratio Decidendi

The sentencing judge did not err in exercising discretion to backdate the sentence, appropriately considered protection of the community and specific deterrence, and the sentence imposed was not manifestly inadequate given the circumstances of the offence and the respondent's subjective case.

Court Disposition

Crown appeal against sentence dismissed

Orders

  • ['Crown appeal against sentence dismissed']