Ryan v R [2008] NSWCCA 198

Ryan v R [2008] NSWCCA 198

The sentencing judge properly considered both the objective gravity of the offence and the applicant's substantial subjective circumstances and did not misapply the guideline judgment or fetter his sentencing discretion; the sentence imposed was not manifestly excessive.

Parties
Applicant: Stephen Walter James Ryan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
29 August 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Determined
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Appeal Against Sentence, Manifestly Excessive Sentence, Guideline Judgment, Subjective Circumstances
Criminal Law Appeal Against Sentence Manifestly Excessive Sentence Guideline Judgment Subjective Circumstances

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Parties

Stephen Walter James Ryan

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Determined

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether guideline judgment in R v Henry and Others was misapplied
  3. 3 Whether sufficient weight was given to subjective circumstances

Ratio Decidendi

The sentencing judge properly considered both the objective gravity of the offence and the applicant's substantial subjective circumstances and did not misapply the guideline judgment or fetter his sentencing discretion; the sentence imposed was not manifestly excessive.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.