HAMPTON v R [2010] NSWCCA 278

HAMPTON v R [2010] NSWCCA 278

The sentences imposed for a series of armed robbery and related offences were not manifestly excessive when considered in light of the applicant's criminality, prior record, objective seriousness of the offences, totality principle, legislative maximums, and relevant authorities. The applicant's circumstances and pleas were taken into account; concurrent sentencing and discounts were properly applied and the aggregate sentence was just and appropriate.

Jurisdiction
Australia
Judgment Date
01 December 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['sentence Appeal' 'manifest Excess' 'armed Robbery' 'totality Principle' 'sentencing Statistics']
['criminal Law'] ['sentence Appeal' 'manifest Excess' 'armed Robbery' 'totality Principle' 'sentencing Statistics']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' "Whether sufficient weight was given to the applicant's personal circumstances, pleas, and upbringing" 'Whether the sentencing judge erred in application of the totality principle' 'Whether the judge gave appropriate reasons for declining to find special circumstances']

Ratio Decidendi

The sentences imposed for a series of armed robbery and related offences were not manifestly excessive when considered in light of the applicant's criminality, prior record, objective seriousness of the offences, totality principle, legislative maximums, and relevant authorities. The applicant's circumstances and pleas were taken into account; concurrent sentencing and discounts were properly applied and the aggregate sentence was just and appropriate.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • []