Butler v R [2012] NSWCCA 23

Butler v R [2012] NSWCCA 23

No error demonstrated in the sentencing judge's approach to taking Form 1 offences into account or use of the standard non-parole period. Even if error had been shown, no other sentence was warranted given the objective seriousness and circumstances of the offences.

Parties
Applicant: Shawn Michael Butler; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
20 March 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Application for Extension of Time for Leave to Appeal
Outcome
Appeal dismissed. Extension of time and leave to appeal granted.
Legal Topics
Appeal Against Sentence, Form 1 Offences, Standard Non Parole Period, Sentencing Principles
Criminal Law Appeal Against Sentence Form 1 Offences Standard Non Parole Period Sentencing Principles

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Parties

Shawn Michael Butler

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Application for Extension of Time for Leave to Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in the manner in which he took into account the Form 1 offences
  2. 2 Whether the sentencing judge erred in the manner in which he had regard to the standard non-parole period

Ratio Decidendi

No error demonstrated in the sentencing judge's approach to taking Form 1 offences into account or use of the standard non-parole period. Even if error had been shown, no other sentence was warranted given the objective seriousness and circumstances of the offences.

Court Disposition

Appeal dismissed. Extension of time and leave to appeal granted.

Orders

  • Extend the time for leave to appeal to 10 October 2011
  • Leave to appeal granted