Winter v R [2011] NSWCCA 59
The circumstances, even with the fresh evidence of the applicant's son's medical condition, did not amount to highly exceptional hardship justifying mitigation of sentence; the sentences imposed were appropriate and not manifestly excessive, and the total did not breach the principle of totality.
- Parties
- Applicant: Roslyn Ann Winter; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 28 March 2011
- Procedural Posture
- Criminal Appeal / Appeal From Sentence Imposed in District Court
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- Perverting the Course of Justice, Effect of Incarceration on Third Parties, Sentencing, Fresh Evidence, Exceptional Hardship, Totality Principle
Case Brief
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Parties
Roslyn Ann Winter
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Appeal From Sentence Imposed in District Court
Legal Issues
- 1 Whether fresh evidence concerning the applicant's child's medical condition amounts to highly exceptional circumstances warranting mitigation of sentence
- 2 Whether the individual and total sentences imposed were manifestly excessive
- 3 Application of the principle of totality in sentencing
Ratio Decidendi
The circumstances, even with the fresh evidence of the applicant's son's medical condition, did not amount to highly exceptional hardship justifying mitigation of sentence; the sentences imposed were appropriate and not manifestly excessive, and the total did not breach the principle of totality.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- Grant leave to appeal
- Dismiss the appeal
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