Weaver v R [2021] NSWCCA 215

Weaver v R [2021] NSWCCA 215

The tendering of the ERISP did not constitute incompetence or result in practical injustice; evidence supported the sentencing judge’s findings on the seriousness and operability of the firearms; consideration of facts relevant to the offence did not contravene the De Simoni principle where statutory seriousness is equivalent; the aggregate sentence imposed was stern but not manifestly excessive given offence gravity and subjective case.

Jurisdiction
Australia
Judgment Date
08 September 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence Leave Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'sentencing Principles' 'competence of Counsel' 'objective Seriousness' 'manifestly Excessive Sentence' 'tendering of Erisp' 'application of De Simoni Principle']
['criminal Law'] ['appeal Against Sentence' 'sentencing Principles' 'competence of Counsel' 'objective Seriousness' 'manifestly Excessive Sentence' 'tendering of Erisp' 'application of De Simoni Principle']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence Leave Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether incompetence of counsel resulted in a miscarriage of justice' 'Whether the sentencing judge erred in assessing the objective seriousness of the offences' 'Whether applicant was punished for an offence of which he had not been convicted (De Simoni principle)' 'Whether sentence is manifestly excessive']

Ratio Decidendi

The tendering of the ERISP did not constitute incompetence or result in practical injustice; evidence supported the sentencing judge’s findings on the seriousness and operability of the firearms; consideration of facts relevant to the offence did not contravene the De Simoni principle where statutory seriousness is equivalent; the aggregate sentence imposed was stern but not manifestly excessive given offence gravity and subjective case.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.' 'Order that all firearms and ammunition are forfeited to the Crown for destruction.']