HAYEK, Simon v R [2010] NSWCCA 139

HAYEK, Simon v R [2010] NSWCCA 139

Although an extension of time was granted and leave to appeal against sentence was allowed, the applicant failed to show that the sentences were manifestly excessive or wrongly accumulated. The sentencing judge's application of the totality principle and discretion regarding concurrency, rehabilitation and discount for guilty plea were within permissible bounds and no error was demonstrated.

Parties
Applicant: Simon Hayek; Respondent: Regina
Jurisdiction
Australia
Judgment Date
25 June 2010
Procedural Posture
Criminal Appeal / Court of Criminal Appeal – Application for Leave to Appeal Against Sentence; Extension of Time; Disposition of Appeal
Outcome
Appeal dismissed after extension of time and leave granted
Legal Topics
Appeal Against Sentence, Extension of Time, Aggravated Robbery, Larceny, Accumulation of Sentences, Manifest Excess, Rehabilitation Prospects, Totality Principle
Criminal Law Appeal Against Sentence Extension of Time Aggravated Robbery Larceny Accumulation of Sentences Manifest Excess Rehabilitation Prospects +1 more

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Parties

Simon Hayek

Applicant

Regina

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Whether sentences ought to have been accumulated to the extent that they were, or at all
  3. 3 Whether sentencing judge erred in considering prospects of rehabilitation and contrition

Ratio Decidendi

Although an extension of time was granted and leave to appeal against sentence was allowed, the applicant failed to show that the sentences were manifestly excessive or wrongly accumulated. The sentencing judge's application of the totality principle and discretion regarding concurrency, rehabilitation and discount for guilty plea were within permissible bounds and no error was demonstrated.

Court Disposition

Appeal dismissed after extension of time and leave granted

Orders

  • That the time within which the notice of application for leave to appeal may be filed be extended to 11 February 2010.
  • That leave to appeal against sentence be granted.