R v Rasmussen [2021] NSWDC 620

R v Rasmussen [2021] NSWDC 620

The aggregate sentence imposed by the Local Court was not manifestly excessive. While Bugmy principles mitigate to some extent due to the appellant's disadvantage and Indigenous status, the seriousness, repeated nature, and recidivism of the offending require that general deterrence and community protection predominate. No error is demonstrated in the exercise of sentencing discretion or in the length of the aggregate sentence. The severity appeal is dismissed.

Jurisdiction
Australia
Judgment Date
12 November 2021
Procedural Posture
Criminal Severity Appeal / Sentence Appeal From Local Court to District Court
Outcome
Appeal dismissed
Legal Topics
['sentencing' 'severity Appeal' 'aggregate Sentencing' 'driving Offences' 'larceny' 'recidivism' 'mitigation' 'bugmy Principles']
['criminal Law'] ['sentencing' 'severity Appeal' 'aggregate Sentencing' 'driving Offences' 'larceny' 'recidivism' 'mitigation' 'bugmy Principles']

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Procedural Posture

Criminal Severity Appeal / Sentence Appeal From Local Court to District Court

Legal Issues

  1. 1 ['Whether the aggregate sentence imposed by the Local Court was manifestly excessive' 'Application of Bugmy principles to mitigate sentence due to childhood disadvantage and Indigenous status' 'Consideration of offender’s mental health and drug issues in sentencing' 'Appropriateness of individual and total sentences for multiple offences, including recidivist driving and dishonesty offences']

Ratio Decidendi

The aggregate sentence imposed by the Local Court was not manifestly excessive. While Bugmy principles mitigate to some extent due to the appellant's disadvantage and Indigenous status, the seriousness, repeated nature, and recidivism of the offending require that general deterrence and community protection predominate. No error is demonstrated in the exercise of sentencing discretion or in the length of the aggregate sentence. The severity appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Severity appeal is dismissed' 'Aggregate sentence of 2 years and 6 months imprisonment, with a non-parole period of 18 months, confirmed']