Reubin Gary YOUNG v R [2009] NSWCCA 298
None of the grounds of the application established error by the trial judge; the discount and assessment of the objective seriousness were within discretion and the sentence was not manifestly excessive.
- Parties
- Applicant: Reubin Gary Young; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 18 December 2009
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Decision
- Outcome
- Leave to appeal granted, appeal dismissed.
- Legal Topics
- Manslaughter, Motor Vehicle Offences, Sentencing, Appeal Against Sentence, Plea of Guilty, Discount for Plea, Assessment of Objective Gravity, Manifestly Excessive Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Reubin Gary Young
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Decision
Legal Issues
- 1 Whether the discount for the plea of guilty was properly assessed
- 2 Whether the assessment of the objective gravity of the offence was proper
- 3 Whether the sentence was manifestly excessive
Ratio Decidendi
None of the grounds of the application established error by the trial judge; the discount and assessment of the objective seriousness were within discretion and the sentence was not manifestly excessive.
Court Disposition
Leave to appeal granted, appeal dismissed.
Full Case Text
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