Silas Gordon Haines v R [2012] NSWCCA 238

Silas Gordon Haines v R [2012] NSWCCA 238

The sentence imposed was not unreasonable or plainly unjust given the seriousness, number and range of offences, circumstances of offending, recent release from parole for a similar offence, and the need for protection of the community. The sentencing judge's discretion did not miscarry regarding concurrency, accumulation, or the sentence's effect.

Jurisdiction
Australia
Judgment Date
21 November 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
['sentencing' 'robbery' 'aggravated Sexual Assault' 'home Invasion' 'totality Principle' 'protection of the Community']
['criminal Law'] ['sentencing' 'robbery' 'aggravated Sexual Assault' 'home Invasion' 'totality Principle' 'protection of the Community']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether overall sentence was unreasonable or plainly unjust' 'Whether sentences should have been more concurrent due to a single episode of offending' "Whether sentence was 'crushing' and improper due to effect on rehabilitation" 'Proper application of the principles of accumulation, concurrency and totality']

Ratio Decidendi

The sentence imposed was not unreasonable or plainly unjust given the seriousness, number and range of offences, circumstances of offending, recent release from parole for a similar offence, and the need for protection of the community. The sentencing judge's discretion did not miscarry regarding concurrency, accumulation, or the sentence's effect.

Court Disposition

Appeal dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']