Campbell v R [2016] NSWCCA 170

Campbell v R [2016] NSWCCA 170

The applicant did not show that the sentencing judge's discretion miscarried in fixing a five-year non-parole period with a two-year and two-month parole period after finding special circumstances, because the evidence only showed rehabilitation programs were unavailable while he was on remand and did not compel a longer parole period. The applicant also failed to show that the sentence was unreasonable or plainly unjust; the comparison cases relied on did not demonstrate manifest excess. Leave to appeal was therefore refused.

Jurisdiction
Australia
Judgment Date
17 August 2016
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence From the District Court of NSW
Outcome
Leave to appeal refused
Legal Topics
['causing Grievous Bodily Harm With Intent' 'special Circumstances' 'manifest Excess' 'non Parole Period' 'alcohol Fuelled Violence']
['criminal Law' 'sentencing' 'appeals'] ['causing Grievous Bodily Harm With Intent' 'special Circumstances' 'manifest Excess' 'non Parole Period' 'alcohol Fuelled Violence']

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence From the District Court of NSW

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to give sufficient weight to the finding of special circumstances under s 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

The applicant did not show that the sentencing judge's discretion miscarried in fixing a five-year non-parole period with a two-year and two-month parole period after finding special circumstances, because the evidence only showed rehabilitation programs were unavailable while he was on remand and did not compel a longer parole period. The applicant also failed to show that the sentence was unreasonable or plainly unjust; the comparison cases relied on did not demonstrate manifest excess. Leave to appeal was therefore refused.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']