R v Rowe [1996] NSWCCA 1

R v Rowe [1996] NSWCCA 1

Leave to appeal against sentence refused because substantial injury was established and no error was shown in the District Court's sentencing approach under s 90A Crimes Act 1900; the applicant failed to discharge the onus and arguments regarding prior history, subjective features, double counting, complainant's wishes, and subsequent marriage did not show error.

Parties
Applicant: Shane Michael Rowe; Respondent: Regina
Jurisdiction
Australia
Judgment Date
03 October 1996
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal refused.
Legal Topics
Kidnapping, Section 90 a Crimes Act 1900, Substantial Injury, Domestic Violence, Sentencing
Criminal Law Kidnapping Section 90 a Crimes Act 1900 Substantial Injury Domestic Violence Sentencing

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Parties

Shane Michael Rowe

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the applicant was entitled to mitigate sentence by establishing liberation without substantial injury under s 90A Crimes Act 1900
  2. 2 Meaning of 'substantial injury' for purposes of s 90A
  3. 3 Relevance of forgiveness by complainant in sentencing domestic violence offences

Ratio Decidendi

Leave to appeal against sentence refused because substantial injury was established and no error was shown in the District Court's sentencing approach under s 90A Crimes Act 1900; the applicant failed to discharge the onus and arguments regarding prior history, subjective features, double counting, complainant's wishes, and subsequent marriage did not show error.

Court Disposition

Application for leave to appeal refused.

Orders

  • Application for leave to appeal is refused.