Barnes v R [2008] NSWCCA 136

Barnes v R [2008] NSWCCA 136

The sentencing judge's approach involved the proper exercise of discretion in weighing general and specific deterrence against psychiatric evidence. The conclusion that there should be only some amelioration of deterrence was open and justified. There was no error in accumulating sentences nor was the sentence manifestly excessive.

Parties
Applicant: Richard Frederick Barnes; Respondent: Regina
Jurisdiction
Australia
Judgment Date
12 June 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Psychiatric Illness and Sentencing, General and Specific Deterrence, Accumulation of Sentences, Judicial Discretion in Sentencing
Criminal Law Sentencing Psychiatric Illness and Sentencing General and Specific Deterrence Accumulation of Sentences Judicial Discretion in Sentencing

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Parties

Richard Frederick Barnes

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the sentencing judge failed to apply sufficient weight to psychiatric issues as they affected the offender.
  2. 2 Whether the sentencing judge gave too much weight to the aspect of general and specific deterrence in light of psychiatric illness.
  3. 3 Whether there was error in the accumulation of sentences.

Ratio Decidendi

The sentencing judge's approach involved the proper exercise of discretion in weighing general and specific deterrence against psychiatric evidence. The conclusion that there should be only some amelioration of deterrence was open and justified. There was no error in accumulating sentences nor was the sentence manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.