Regina v MACKEY [1999] NSWCCA 167
The application for leave to appeal the sentence was refused because the sentencing judge carefully considered the applicant's culpability, the roles of co-offenders, and subjective circumstances, finding no manifest discrepancy or error in the differentiation of sentences, nor any error in the discretionary finding that special circumstances did not exist.
- Jurisdiction
- Australia
- Judgment Date
- 24 June 1999
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Sentence
- Outcome
- application for leave to appeal sentence refused
- Legal Topics
- ['sentencing' 'parity Principle' 'special Circumstances' 'manslaughter']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Legal Issues
- 1 ['Whether the sentence imposed on the applicant was manifestly excessive' 'Whether a justifiable sense of grievance arose due to the difference in sentences between co-offenders' 'Whether the sentencing judge erred in not finding special circumstances' "Whether sufficient weight was given to the applicant's need to serve the sentence in protective custody"]
Ratio Decidendi
The application for leave to appeal the sentence was refused because the sentencing judge carefully considered the applicant's culpability, the roles of co-offenders, and subjective circumstances, finding no manifest discrepancy or error in the differentiation of sentences, nor any error in the discretionary finding that special circumstances did not exist.
Court Disposition
application for leave to appeal sentence refused
Orders
- ['Application for leave to appeal the sentence is refused']
Full Case Text
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