Mackey v Regina [2006] NSWCCA 254

Mackey v Regina [2006] NSWCCA 254

The sentencing judge did not err in the assessment of the objective seriousness of the offence, the handling of the standard non-parole period, the consideration of delay, or the decision not to give weight to extra curial punishment, and the sentence was not manifestly excessive.

Parties
Applicant: Ryan Joseph Mackey; Respondent: Regina
Jurisdiction
Australia
Judgment Date
25 August 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence and Appeal of Sentence
Outcome
Application for leave to appeal granted; appeal dismissed
Legal Topics
Malicious Wounding With Intent, Sentence, Standard Non Parole Period, Delay in Sentencing, Extra Curial Punishment, Manifestly Excessive Sentence
Criminal Law Malicious Wounding With Intent Sentence Standard Non Parole Period Delay in Sentencing Extra Curial Punishment Manifestly Excessive Sentence

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Parties

Ryan Joseph Mackey

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence and Appeal of Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in classifying the offence as in the mid-range of seriousness for the standard non-parole period
  2. 2 Whether the sentencing judge failed to consider the impact of delay in sentencing
  3. 3 Whether insufficient regard was given to extra curial punishment

Ratio Decidendi

The sentencing judge did not err in the assessment of the objective seriousness of the offence, the handling of the standard non-parole period, the consideration of delay, or the decision not to give weight to extra curial punishment, and the sentence was not manifestly excessive.

Court Disposition

Application for leave to appeal granted; appeal dismissed

Orders

  • Application for leave to appeal granted
  • Appeal dismissed