Arnold, Shane Gregory v The Queen [1996] FCA 1061

Arnold, Shane Gregory v The Queen [1996] FCA 1061

The aggregate sentence of ten years' imprisonment, imposed as consecutive two-year sentences for each of five burglary charges, was not manifestly excessive in light of the aggravating features and circumstances. The sentencing judge's approach to the totality principle was not in error and was consistent with legal precedent.

Jurisdiction
Australia
Judgment Date
02 December 1996
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
['sentencing' 'totality Principle' 'burglary' 'severity of Sentence' 'parole']
['criminal Law'] ['sentencing' 'totality Principle' 'burglary' 'severity of Sentence' 'parole']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the head sentence of ten years imprisonment was manifestly excessive' 'Whether the sentencing judge misapplied the totality principle']

Ratio Decidendi

The aggregate sentence of ten years' imprisonment, imposed as consecutive two-year sentences for each of five burglary charges, was not manifestly excessive in light of the aggravating features and circumstances. The sentencing judge's approach to the totality principle was not in error and was consistent with legal precedent.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed and the sentences be confirmed.']