R v Walker [2023] NSWCCA 219

R v Walker [2023] NSWCCA 219

The sentencing judge's findings on objective seriousness were open to her given the evidence and competing submissions; the aggregate sentence, although lenient, sufficiently reflected the totality of the offending and the respondent's strong subjective case, and was not manifestly inadequate.

Parties
Applicant: Rex; Respondent: Glen Walker
Jurisdiction
Australia
Judgment Date
01 September 2023
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal, Hearing and Decision
Outcome
Appeal dismissed
Legal Topics
Appeals, Crown Appeal Against Sentence, Objective Seriousness, Aggregate Sentence, Totality, Manifest Inadequacy
Criminal Law Appeals Crown Appeal Against Sentence Objective Seriousness Aggregate Sentence Totality Manifest Inadequacy

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Parties

Rex

Applicant

Glen Walker

Respondent

Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal, Hearing and Decision

Legal Issues

  1. 1 Whether the sentencing judge erred in the assessment of objective seriousness for two offences
  2. 2 Whether the aggregate sentence imposed was manifestly inadequate

Ratio Decidendi

The sentencing judge's findings on objective seriousness were open to her given the evidence and competing submissions; the aggregate sentence, although lenient, sufficiently reflected the totality of the offending and the respondent's strong subjective case, and was not manifestly inadequate.

Court Disposition

Appeal dismissed

Orders

  • Leave granted for the applicant to rely on an additional ground of appeal
  • Appeal dismissed