Sandra Elsie WIGGINS v R [2008] NSWCCA 19

Sandra Elsie WIGGINS v R [2008] NSWCCA 19

The sentences were not outside the permissible range of sentencing discretion, having regard to the seriousness of the offences, the applicant's personal history, her role in planning and carrying out the offences, and the distinctions between her case and that of her co-offender. The sentencing judge's approach was consistent with authority and properly balanced the objective and subjective circumstances.

Jurisdiction
Australia
Judgment Date
15 February 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave granted to appeal. Appeal dismissed.
Legal Topics
['manifest Excess' 'sentence Appeal' 'sentencing Discretion' 'disparity in Sentencing']
['criminal Law'] ['manifest Excess' 'sentence Appeal' 'sentencing Discretion' 'disparity in Sentencing']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence was manifestly excessive' 'Whether the objective and/or subjective circumstances justified a sentence less than the range in the guideline judgment' 'Whether the sentence was outside the range of sentencing discretion' 'Whether there was disparity in the sentences imposed on co-offenders']

Ratio Decidendi

The sentences were not outside the permissible range of sentencing discretion, having regard to the seriousness of the offences, the applicant's personal history, her role in planning and carrying out the offences, and the distinctions between her case and that of her co-offender. The sentencing judge's approach was consistent with authority and properly balanced the objective and subjective circumstances.

Court Disposition

Leave granted to appeal. Appeal dismissed.

Orders

  • ['Leave granted to appeal' 'Appeal dismissed']