R v DERBAS [2003] NSWCCA 44

R v DERBAS [2003] NSWCCA 44

The applicant's sentence was not manifestly excessive having regard to the seriousness of the underlying offences, the extent and effect of the applicant's conduct in hindering the police investigation, and the statutory intent of s 315(1)(b); the subjective factors and judicial statistics did not warrant a reduction in sentence.

Jurisdiction
Australia
Judgment Date
05 March 2003
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal granted; Appeal dismissed
Legal Topics
['hindering Investigation' 'sentencing' 'crimes Act 1900 (nsw) S 315' 'parity Principle' 'plea of Guilty' 'general Deterrence']
['criminal Law'] ['hindering Investigation' 'sentencing' 'crimes Act 1900 (nsw) S 315' 'parity Principle' 'plea of Guilty' 'general Deterrence']

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Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' "Whether the applicant's subjective circumstances were properly taken into account" 'Application of statistical and parity principles in sentencing under s 315(1)(b) Crimes Act']

Ratio Decidendi

The applicant's sentence was not manifestly excessive having regard to the seriousness of the underlying offences, the extent and effect of the applicant's conduct in hindering the police investigation, and the statutory intent of s 315(1)(b); the subjective factors and judicial statistics did not warrant a reduction in sentence.

Court Disposition

Leave to appeal granted; Appeal dismissed

Orders

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