R .v. COOK [2002] NSWCCA 140

R .v. COOK [2002] NSWCCA 140

Assuming in favour of the applicant that there were errors in the sentencing calculation, the nature and seriousness of the conduct and result in this case do not justify imposition of any lesser sentence than that imposed. Thus, even if errors occurred, leave to appeal is granted but appeal is dismissed, as no lesser sentence is warranted by law.

Jurisdiction
Australia
Judgment Date
24 April 2002
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'dangerous Driving Causing Grievous Bodily Harm']
['criminal Law'] ['sentencing' 'dangerous Driving Causing Grievous Bodily Harm']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in application of sentencing principles' 'Whether any less severe sentence was warranted given possible errors']

Ratio Decidendi

Assuming in favour of the applicant that there were errors in the sentencing calculation, the nature and seriousness of the conduct and result in this case do not justify imposition of any lesser sentence than that imposed. Thus, even if errors occurred, leave to appeal is granted but appeal is dismissed, as no lesser sentence is warranted by law.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal against sentence granted' 'Appeal dismissed; sentence confirmed: one year ten months imprisonment, non-parole period of twelve months']