KELLY v THE QUEEN [2007] NSWCCA 357

KELLY v THE QUEEN [2007] NSWCCA 357

The sentence for breaking and entering and intimidation was within the legitimate range of appropriate sentences; no error identified in sentencing process; the appeal did not establish the sentence was manifestly excessive or outside the range warranted by law.

Parties
Appellant: Robert KELLY; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
18 December 2007
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal From Sentence
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Parsimony, Manifestly Excessive Sentence, Exercise of Discretion
Criminal Law Sentencing Parsimony Manifestly Excessive Sentence Exercise of Discretion

Case Brief

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Parties

Robert KELLY

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal From Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Application of the principle of parsimony
  3. 3 Whether the sentence was outside the legitimate range of sentences

Ratio Decidendi

The sentence for breaking and entering and intimidation was within the legitimate range of appropriate sentences; no error identified in sentencing process; the appeal did not establish the sentence was manifestly excessive or outside the range warranted by law.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • leave to appeal granted
  • appeal dismissed