REGINA v MINOGUE [1999] NSWCCA 427

REGINA v MINOGUE [1999] NSWCCA 427

The sentences imposed by the sentencing judge were within the permissible range for the offences and the applicant's history; no error in principle or manifest excess was established. Leave to appeal was granted but the appeal was dismissed.

Parties
Appellant: Regina; Respondent: Rodney Joseph Minogue
Jurisdiction
Australia
Judgment Date
27 October 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Appeal Against Sentence, Manifestly Excessive Sentence, Sentencing Statistics, Break Enter and Steal, Taking Conveyance Without Consent, Possession of Prohibited Drug
Criminal Law Appeal Against Sentence Manifestly Excessive Sentence Sentencing Statistics Break Enter and Steal Taking Conveyance Without Consent Possession of Prohibited Drug

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Parties

Regina

Appellant

Rodney Joseph Minogue

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence and minimum term imposed were manifestly excessive
  2. 2 Whether the sentencing judge failed to properly consider periods free of custodial sentences and employment
  3. 3 Proper use of sentencing statistics for comparable offences

Ratio Decidendi

The sentences imposed by the sentencing judge were within the permissible range for the offences and the applicant's history; no error in principle or manifest excess was established. Leave to appeal was granted but the appeal was dismissed.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed