Regina v Sahin Ugur [2001] NSWCCA 346

Regina v Sahin Ugur [2001] NSWCCA 346

The Court was not persuaded that the sentencing judge overlooked special circumstances or that, after allowing for the applicant's subjective circumstances and balancing them against the objective criminality of the offences, any different or more lenient sentence or non-parole period was warranted.

Jurisdiction
Australia
Judgment Date
17 August 2001
Procedural Posture
Criminal Appeal Against Sentence / Extension of Time and Leave to Appeal Against Sentence
Outcome
Extension of time granted; leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['malicious Wounding With Intent to Do Grievous Bodily Harm' 'malicious Wounding' 'common Assault' 'non Parole Period' 'special Circumstances' 'appeal Against Sentence']
['criminal Law' 'sentencing'] ['malicious Wounding With Intent to Do Grievous Bodily Harm' 'malicious Wounding' 'common Assault' 'non Parole Period' 'special Circumstances' 'appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge fell into appellable error by not expressly addressing special circumstances when fixing the non-parole period.' 'Whether a different and more lenient non-parole period or sentence was warranted in law.']

Ratio Decidendi

The Court was not persuaded that the sentencing judge overlooked special circumstances or that, after allowing for the applicant's subjective circumstances and balancing them against the objective criminality of the offences, any different or more lenient sentence or non-parole period was warranted.

Court Disposition

Extension of time granted; leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['Grant the necessary extension of time to permit the hearing of an application for leave to appeal against sentence.' 'Grant leave to appeal against sentence.' 'Appeal against sentence dismissed.']