Cordoba v R [2021] NSWCCA 144

Cordoba v R [2021] NSWCCA 144

The sentencing judge did not err in the assessment of objective seriousness or in considering mitigating factors, summary disposal of count 1 was not relevant in the context of multiple serious offences, and the aggregate sentence imposed (with appropriate indicative sentences and discount) was not unreasonable or...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 July 2021
Procedural Posture
Criminal Appeal Against Sentence / Decision on Application for Leave and Determination of Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'objective Seriousness in Sentencing' 'aggregate Sentence' 'indictable and Summary Offences' 'breach of Trust' 'fraud' 'manifest Excess']
['criminal Law'] ['appeal Against Sentence' 'objective Seriousness in Sentencing' 'aggregate Sentence' 'indictable and Summary Offences' 'breach of Trust' 'fraud' 'manifest Excess']

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Procedural Posture

Criminal Appeal Against Sentence / Decision on Application for Leave and Determination of Appeal

Legal Issues

  1. 1 ['Whether sentencing judge erred in assessment of objective seriousness of the offences' 'Whether sentencing judge erred by not considering possibility of summary disposition for count 1' 'Whether aggregate sentence was manifestly excessive']

Ratio Decidendi

The sentencing judge did not err in the assessment of objective seriousness or in considering mitigating factors, summary disposal of count 1 was not relevant in the context of multiple serious offences, and the aggregate sentence imposed (with appropriate indicative sentences and discount) was not unreasonable or plainly unjust in the circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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