Regina v Clark [2001] NSWCCA 69

Regina v Clark [2001] NSWCCA 69

The sentencing judge did not err in imposing a custodial sentence or in his assessment of aggravating and mitigating factors; the sentence, considering the offences' seriousness and subjective features, was not manifestly excessive and in fact was lenient.

Jurisdiction
Australia
Judgment Date
06 March 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence refused
Legal Topics
['sentencing' 'dishonesty Offences' 'aggravating and Mitigating Factors' 'appeals Against Sentence']
['criminal Law'] ['sentencing' 'dishonesty Offences' 'aggravating and Mitigating Factors' 'appeals Against Sentence']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in treating post-offence conduct as aggravating' "Whether applicant's health condition and personal circumstances were correctly weighed in sentencing" 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentencing judge did not err in imposing a custodial sentence or in his assessment of aggravating and mitigating factors; the sentence, considering the offences' seriousness and subjective features, was not manifestly excessive and in fact was lenient.

Court Disposition

Leave to appeal against sentence refused

Orders

  • ['Application for leave to appeal is refused']