R v HAYES [2004] NSWCCA 156

R v HAYES [2004] NSWCCA 156

The sentencing judge did not err in ordering all sentences to be served consecutively, as he turned his mind to both accumulation and totality, and the total sentence properly reflected the gravity and appropriateness required by law. The resulting sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
19 May 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence Severity — Judgment
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Severity Appeals' 'totality Principle' 'accumulation of Sentences' 'consecutive Versus Concurrent Sentencing']
['criminal Law'] ['sentence Severity Appeals' 'totality Principle' 'accumulation of Sentences' 'consecutive Versus Concurrent Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence Severity — Judgment

Legal Issues

  1. 1 ['Whether the total effective sentence imposed for separate offences ordered to be served consecutively was manifestly excessive due to failure to properly apply the totality principle']

Ratio Decidendi

The sentencing judge did not err in ordering all sentences to be served consecutively, as he turned his mind to both accumulation and totality, and the total sentence properly reflected the gravity and appropriateness required by law. The resulting sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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