Eckersley v R [2013] NSWCCA 219

Eckersley v R [2013] NSWCCA 219

No error was found in the sentencing judge's application of aggravating features or in the extent of sentence accumulation, and the aggregate sentence was within the proper range of judicial discretion, thus leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
27 September 2013
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Leave to appeal refused
Legal Topics
['sentencing' 'aggravating Features' 'accumulation of Sentences' 'manifest Excess']
['criminal Law'] ['sentencing' 'aggravating Features' 'accumulation of Sentences' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge made an error in finding an aggravating feature regarding the potential consumption of drugs by vulnerable persons' 'Whether the sentencing judge erred in the extent of accumulation of sentences for multiple drug offences' 'Whether the overall sentence was manifestly excessive']

Ratio Decidendi

No error was found in the sentencing judge's application of aggravating features or in the extent of sentence accumulation, and the aggregate sentence was within the proper range of judicial discretion, thus leave to appeal was refused.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']