Robert Anthony Mark Aslett v R [2012] NSWCCA 235

Robert Anthony Mark Aslett v R [2012] NSWCCA 235

The sentencing judge did not err in having regard to the standard non-parole period merely as a guidepost nor in the assessment of the objective seriousness, and all relevant factors were properly considered. Leave to appeal was granted but the appeal against sentence was dismissed.

Jurisdiction
Australia
Judgment Date
15 November 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'break and Enter' 'serious Indictable Offence' 'standard Non Parole Period' 'assessment of Objective Seriousness']
['criminal Law'] ['sentencing' 'break and Enter' 'serious Indictable Offence' 'standard Non Parole Period' 'assessment of Objective Seriousness']

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Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in consideration of the standard non-parole period applicable to the offence' 'Whether the sentencing judge gave insufficient weight to aspects of the circumstances of offending when assessing objective seriousness']

Ratio Decidendi

The sentencing judge did not err in having regard to the standard non-parole period merely as a guidepost nor in the assessment of the objective seriousness, and all relevant factors were properly considered. Leave to appeal was granted but the appeal against sentence was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']