DODDS, Shane Barry v R [2009] NSWCCA 191

DODDS, Shane Barry v R [2009] NSWCCA 191

The sentence was within the sentencing judge's discretion and did not reveal manifest error. The 5-year starting point before discount fairly reflected the offence, including aggravating features under s 21A(2)(d) and s 21A(2)(g), and the judge gave generous allowance for the guilty plea, contrition, and special...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 July 2009
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break, Enter and Steal' 'manifestly Excessive Sentence' 'judicial Information Research System Statistics' 'aggravating and Mitigating Factors' 'non Parole Period']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'manifestly Excessive Sentence' 'judicial Information Research System Statistics' 'aggravating and Mitigating Factors' 'non Parole Period']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for an offence under s 112(1) of the Crimes Act 1900 was manifestly excessive.' 'Whether JIRS statistics supported the contention that the sentence was excessive.' 'Whether the sentencing judge erred in assessing objective seriousness, aggravating factors, mitigating factors, and special circumstances.']

Ratio Decidendi

The sentence was within the sentencing judge's discretion and did not reveal manifest error. The 5-year starting point before discount fairly reflected the offence, including aggravating features under s 21A(2)(d) and s 21A(2)(g), and the judge gave generous allowance for the guilty plea, contrition, and special circumstances. JIRS statistics did not demonstrate that the non-parole period of 2 years and 1 month and total term of 4 years and 3 months were manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.']