Stines v R [2025] NSWCCA 11

Stines v R [2025] NSWCCA 11

Leave to appeal is granted, however neither ground of appeal is made out: the sentencing judge considered the relevant evidence and reports, properly weighed hardship and mental illness, and the sentence imposed was not manifestly excessive nor unreasonable or plainly unjust. No identifiable or manifest error is found.

Parties
Applicant: Robert Stines; Respondent: Rex
Jurisdiction
Australia
Judgment Date
19 February 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Appeals Against Sentence, Aggravated Robbery, Manifest Excess, Hardship of Incarceration
Criminal Law Appeals Against Sentence Aggravated Robbery Manifest Excess Hardship of Incarceration

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Parties

Robert Stines

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to consider hardship of incarceration
  2. 2 Whether the sentence imposed is manifestly excessive

Ratio Decidendi

Leave to appeal is granted, however neither ground of appeal is made out: the sentencing judge considered the relevant evidence and reports, properly weighed hardship and mental illness, and the sentence imposed was not manifestly excessive nor unreasonable or plainly unjust. No identifiable or manifest error is found.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed