Burnett v R [2011] NSWCCA 276

Burnett v R [2011] NSWCCA 276

The sentencing judge did not err in treating the applicant’s mental illness, in setting sentence commencement dates, or in declining to find special circumstances for parole; nor were the sentences manifestly excessive given the seriousness of the offences and the applicant’s record. Accordingly, leave to appeal was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
16 December 2011
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Full Appeal Determination
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['sentence Appeal' 'break Enter and Steal' 'mental Illness and Sentencing' 'commencement of Sentence' 'special Circumstances for Parole' 'manifest Excess in Sentence']
['criminal Law'] ['sentence Appeal' 'break Enter and Steal' 'mental Illness and Sentencing' 'commencement of Sentence' 'special Circumstances for Parole' 'manifest Excess in Sentence']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Full Appeal Determination

Legal Issues

  1. 1 ["Whether applicant's mental illness was properly considered by sentencing judge" 'Whether sentencing judge erred by not backdating commencement of sentences' 'Effect of applicant serving balance of sentence for breach of parole on new sentences' 'Whether there were special circumstances justifying non-standard parole period' 'Whether sentences were manifestly excessive']

Ratio Decidendi

The sentencing judge did not err in treating the applicant’s mental illness, in setting sentence commencement dates, or in declining to find special circumstances for parole; nor were the sentences manifestly excessive given the seriousness of the offences and the applicant’s record. Accordingly, leave to appeal was granted but the appeal was dismissed.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • []