Josefski, Shane Stewart v R [2010] NSWCCA 41

Josefski, Shane Stewart v R [2010] NSWCCA 41

Leave to appeal was granted but the appeal dismissed, as the emotional harm suffered by the victim and presence of her child were reasonably foreseeable, and these could be considered as aggravating factors. Both sentences for break and enter and robbery were within the permissible range and not manifestly...

Source-derived case information.

Parties
Applicant: Shane Stewart Josefski; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 March 2010
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal is granted, appeal is dismissed
Legal Topics
Sentencing, Aggravating Factors, Manifestly Excessive Sentence, Parity, Foreseeable Consequences
Criminal Law Sentencing Aggravating Factors Manifestly Excessive Sentence Parity Foreseeable Consequences

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Parties

Shane Stewart Josefski

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether offender is punishable for unforeseen results of offence
  2. 2 Whether sentence was manifestly excessive
  3. 3 Whether the court should interfere to correct disparity due to co-offender's sentence

Ratio Decidendi

Leave to appeal was granted but the appeal dismissed, as the emotional harm suffered by the victim and presence of her child were reasonably foreseeable, and these could be considered as aggravating factors. Both sentences for break and enter and robbery were within the permissible range and not manifestly excessive. Disparity due to co-offender's manifestly inadequate sentence was not a basis to adjust the applicant's sentence.

Court Disposition

Leave to appeal is granted, appeal is dismissed

Orders

  • Leave to appeal against sentence granted
  • Appeal against sentence dismissed