R v Olsen [2005] NSWCCA 243

R v Olsen [2005] NSWCCA 243

The judge did not err in treating the applicant's criminal record as a relevant aggravating factor for the purposes of sentencing, nor in relying on the victim impact statement for consequences not attributed to the applicant. The sentence imposed was appropriate having regard to the aggravating circumstances.

Jurisdiction
Australia
Judgment Date
14 July 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal is granted; appeal is dismissed.
Legal Topics
['sentencing' 'aggravating Factors' 'impact of Criminal Record' 'maliciously Inflicting Grievous Bodily Harm' 'assault Occasioning Actual Bodily Harm']
['criminal Law'] ['sentencing' 'aggravating Factors' 'impact of Criminal Record' 'maliciously Inflicting Grievous Bodily Harm' 'assault Occasioning Actual Bodily Harm']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred by treating the applicant's criminal record as an aggravating feature" 'Whether the sentencing judge erred in sentencing the applicant based on harm not attributable to the applicant']

Ratio Decidendi

The judge did not err in treating the applicant's criminal record as a relevant aggravating factor for the purposes of sentencing, nor in relying on the victim impact statement for consequences not attributed to the applicant. The sentence imposed was appropriate having regard to the aggravating circumstances.

Court Disposition

Application for leave to appeal is granted; appeal is dismissed.

Orders

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