O'Brien v R [2013] NSWCCA 197

O'Brien v R [2013] NSWCCA 197

The sentencing judge did not commit error in the sentencing process under s 5 and s 12 of the Crimes (Sentencing Procedure) Act 1999; the sentence imposed was not manifestly excessive given the gravity of the offences and the applicant's conduct.

Source-derived case information.

Parties
Applicant: Shannon James O'Brien; Respondent: Regina
Jurisdiction
Australia
Judgment Date
22 August 2013
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Leave to appeal refused
Legal Topics
Sentencing, Sexual Offences, Appeal Against Sentence, Manifest Excess, Suspended Sentences
Criminal Law Sentencing Sexual Offences Appeal Against Sentence Manifest Excess Suspended Sentences

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Parties

Shannon James O'Brien

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the sentencing judge elided the two-step process mandated by s 5 of the Crimes (Sentencing Procedure) Act 1999
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge did not commit error in the sentencing process under s 5 and s 12 of the Crimes (Sentencing Procedure) Act 1999; the sentence imposed was not manifestly excessive given the gravity of the offences and the applicant's conduct.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused