SS v R [2016] NSWCCA 197

SS v R [2016] NSWCCA 197

The sentencing judge did not err by referring to possible risks from pouring an unknown fire extinguisher compound into the mouth and throat of an unconscious victim; he did not make unsupported findings about the actual chemical content or its capacity to burn or coagulate, and the risks were self-evident in circumstances where the victim had difficulty breathing. The individual sentences and the overall sentence were not unreasonable or plainly unjust given the objective seriousness of the break and enter and assault, the victim's vulnerability, the applicant's conduct and minimisation, the absence of any mental health issue reducing moral culpability, the limited assistance from...

Jurisdiction
Australia
Judgment Date
02 September 2016
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court of New South Wales
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break and Enter With Intent to Commit a Serious Indictable Offence in Circumstances of Aggravation' 'assault Occasioning Actual Bodily Harm' 'manifest Excess' 'objective Seriousness' 'sentencing Statistics and Comparable Cases' 'deprived Background' 'domestic Violence' 'accumulation and Totality']
['criminal Law' 'sentencing'] ['break and Enter With Intent to Commit a Serious Indictable Offence in Circumstances of Aggravation' 'assault Occasioning Actual Bodily Harm' 'manifest Excess' 'objective Seriousness' 'sentencing Statistics and Comparable Cases' 'deprived Background' 'domestic Violence' 'accumulation and Totality']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court of New South Wales

Legal Issues

  1. 1 ["Whether the sentencing judge erred in referring to risks associated with emptying the contents of a fire extinguisher into the victim's mouth and throat when assessing the objective seriousness of count 2." 'Whether the sentences imposed, individually and cumulatively, were manifestly excessive.']

Ratio Decidendi

The sentencing judge did not err by referring to possible risks from pouring an unknown fire extinguisher compound into the mouth and throat of an unconscious victim; he did not make unsupported findings about the actual chemical content or its capacity to burn or coagulate, and the risks were self-evident in circumstances where the victim had difficulty breathing. The individual sentences and the overall sentence were not unreasonable or plainly unjust given the objective seriousness of the break and enter and assault, the victim's vulnerability, the applicant's conduct and minimisation, the absence of any mental health issue reducing moral culpability, the limited assistance from...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant the applicant leave to appeal.' 'Appeal dismissed.']