Pattiapon v R [2018] NSWCCA 8

Pattiapon v R [2018] NSWCCA 8

Leave to appeal against sentence refused as there was no error in the sentencing process. No evidence or submissions, either in the original proceedings or breach proceedings, established mental illness, vulnerability due to orientation or nationality, or rehabilitation prospects warranting further reduction. Post-sentencing events do not affect the integrity of the sentencing process.

Jurisdiction
Australia
Judgment Date
09 February 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence refused; extension of time granted.
Legal Topics
['drug Offences' 'prohibited Weapons Offences' 'sentencing' 'breach of Good Behaviour Bond' 'natural Justice' 'mental Illness' 'sexual Orientation' 'nationality' 'rehabilitation' 'duty of Care']
['criminal Law'] ['drug Offences' 'prohibited Weapons Offences' 'sentencing' 'breach of Good Behaviour Bond' 'natural Justice' 'mental Illness' 'sexual Orientation' 'nationality' 'rehabilitation' 'duty of Care']

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 / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether trial judge failed to assess applicant's mental illness" "Whether trial judge erred by not giving regard to applicant's sexual orientation and nationality" 'Whether trial judge erred by not adequately considering prospects of drug and alcohol rehabilitation' 'Whether judge erred by failing to foresee Department of Correctional Services breaching duty of care' 'Whether sentence manifestly excessive']

Ratio Decidendi

Leave to appeal against sentence refused as there was no error in the sentencing process. No evidence or submissions, either in the original proceedings or breach proceedings, established mental illness, vulnerability due to orientation or nationality, or rehabilitation prospects warranting further reduction. Post-sentencing events do not affect the integrity of the sentencing process.

Court Disposition

Leave to appeal against sentence refused; extension of time granted.

Orders

  • ['Time for filing Notice of Application for Leave to Appeal extended to 13 November 2017.' 'Leave to appeal against sentence refused.']