R v Marsh [2002] NSWCCA 151

R v Marsh [2002] NSWCCA 151

The sentence imposed for manslaughter and related offences was not manifestly inadequate nor excessive, and reflected the totality of the respondent's criminality. The trial judge exercised discretion appropriately in setting the starting point for manslaughter and in determining concurrency of sentences. Leave to appeal was granted but the appeal dismissed as no error was demonstrated.

Parties
Crown: Regina; Applicant/respondent: Stuart Cecil Marsh
Jurisdiction
Australia
Judgment Date
29 April 2002
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Appeal against inadequacy of sentence dismissed. Leave to appeal against severity of sentence allowed; appeal dismissed.
Legal Topics
Sentencing, Manslaughter, Robbery in Company, Plea of Guilty, Concurrent and Consecutive Sentencing
Criminal Law Sentencing Manslaughter Robbery in Company Plea of Guilty Concurrent and Consecutive Sentencing

Case Brief

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Parties

Regina

Crown

Stuart Cecil Marsh

Applicant/respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge failed to reflect the total criminality of the respondent
  2. 2 Whether the trial judge failed to observe principles in Pearce v The Queen
  3. 3 Whether sentences should be served concurrently

Ratio Decidendi

The sentence imposed for manslaughter and related offences was not manifestly inadequate nor excessive, and reflected the totality of the respondent's criminality. The trial judge exercised discretion appropriately in setting the starting point for manslaughter and in determining concurrency of sentences. Leave to appeal was granted but the appeal dismissed as no error was demonstrated.

Court Disposition

Appeal against inadequacy of sentence dismissed. Leave to appeal against severity of sentence allowed; appeal dismissed.

Orders

  • Appeal against inadequacy of sentence dismissed.
  • Leave to appeal against sentence allowed.