Diaz v R [2018] NSWCCA 33

Diaz v R [2018] NSWCCA 33

No error shown in the sentencing judge's assessment of objective gravity for aggravated kidnapping; the sentences were not unreasonable or plainly unjust given the facts, applicant's criminal history, and need for deterrence and community protection.

Jurisdiction
Australia
Judgment Date
14 March 2018
Procedural Posture
Criminal Appeal / Sentence Appeal – Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Kidnapping' 'sexual Intercourse Without Consent' 'domestic Violence' 'sentencing' 'manifestly Excessive Sentences']
['criminal Law'] ['aggravated Kidnapping' 'sexual Intercourse Without Consent' 'domestic Violence' 'sentencing' 'manifestly Excessive Sentences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Sentence Appeal – Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the criminality of the aggravated kidnapping offence' 'Whether the sentences imposed were manifestly excessive']

Ratio Decidendi

No error shown in the sentencing judge's assessment of objective gravity for aggravated kidnapping; the sentences were not unreasonable or plainly unjust given the facts, applicant's criminal history, and need for deterrence and community protection.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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