Barlow, Stephen Ronald v The Queen [1982] FCA 195

Barlow, Stephen Ronald v The Queen [1982] FCA 195

The appeal was dismissed because no error in sentencing was demonstrated. The Supreme Court had taken the delay into account as an ameliorating factor, and it was not shown that the Supreme Court acted on any wrong principle or misunderstood or wrongly assessed any salient feature of the evidence.

Jurisdiction
Australia
Judgment Date
13 July 1982
Procedural Posture
Criminal Appeal Against Sentence / Appeal to the Federal Court of Australia From the Supreme Court of the Australian Capital Territory
Outcome
Appeal dismissed; judgment appealed from affirmed.
Legal Topics
['appeal Against Sentence' 'breach of Recognizance' 'suspended Sentence' 'delay in Sentencing' 'traffic Offences']
['criminal Law' 'sentencing' 'criminal Procedure'] ['appeal Against Sentence' 'breach of Recognizance' 'suspended Sentence' 'delay in Sentencing' 'traffic Offences']

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Procedural Posture

Criminal Appeal Against Sentence / Appeal to the Federal Court of Australia From the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 ['Whether the sentences imposed by the Supreme Court of the Australian Capital Territory for breaches of recognizances were excessive.' 'Whether delay in bringing the breaches of recognizances before the Supreme Court affected penalty.' 'Whether any error of principle, misunderstanding or wrong assessment of salient evidence justified appellate interference with sentence.']

Ratio Decidendi

The appeal was dismissed because no error in sentencing was demonstrated. The Supreme Court had taken the delay into account as an ameliorating factor, and it was not shown that the Supreme Court acted on any wrong principle or misunderstood or wrongly assessed any salient feature of the evidence.

Court Disposition

Appeal dismissed; judgment appealed from affirmed.

Orders

  • ['The appeal is dismissed.']