Meoli v R [2021] NSWCCA 213

Meoli v R [2021] NSWCCA 213

Failure to make a finding on likelihood of re-offending under s 21A(3)(g) did not constitute error because the issue was not relevant and known to the court; no submissions or evidence supported such a finding; and no manifest excess was shown in the aggregate sentences imposed.

Parties
Applicant: Ricky Meoli; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
03 September 2021
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Substantive Appeal
Outcome
Leave granted to appeal; appeal dismissed.
Legal Topics
Sentencing, Appeal Against Sentence, Likelihood of Re Offending, Prospects of Rehabilitation, Manifest Excess
Criminal Law Sentencing Appeal Against Sentence Likelihood of Re Offending Prospects of Rehabilitation Manifest Excess

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Parties

Ricky Meoli

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence and Substantive Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to assess whether the applicant was unlikely to reoffend under Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(3)(g)
  2. 2 Whether the aggregate sentences imposed for State and Commonwealth offences are manifestly excessive

Ratio Decidendi

Failure to make a finding on likelihood of re-offending under s 21A(3)(g) did not constitute error because the issue was not relevant and known to the court; no submissions or evidence supported such a finding; and no manifest excess was shown in the aggregate sentences imposed.

Court Disposition

Leave granted to appeal; appeal dismissed.

Orders

  • Leave granted to appeal.
  • Appeal dismissed.