Jansen v Regina [2013] NSWCCA 301

Jansen v Regina [2013] NSWCCA 301

The significant differences in the nature, extent, and seriousness of the applicant's offending in comparison to Sheta warranted the heavier sentence. The sentencing judge was not in error in failing to treat statutory maximums as binding analogues for the common law offence. The sentence was not manifestly excessive considering the objective and subjective circumstances of the case.

Jurisdiction
Australia
Judgment Date
03 December 2013
Procedural Posture
Criminal Sentence Appeal / Judgment on Application and Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'misconduct in Public Office' 'disparity of Sentence' 'sentencing Principles' 'manifest Excess' 'statutory Analogy in Sentencing']
['criminal Law'] ['sentence Appeal' 'misconduct in Public Office' 'disparity of Sentence' 'sentencing Principles' 'manifest Excess' 'statutory Analogy in Sentencing']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Judgment on Application and Appeal

Legal Issues

  1. 1 ['Whether applicant has a justifiable sense of grievance as a result of disparity between his sentence and sentence imposed upon co-offender' 'Whether sentencing judge erred in failing to consider maximum penalties for relevant statutory offences as a reference point or guide to the imposition of sentence' 'Whether sentence manifestly excessive']

Ratio Decidendi

The significant differences in the nature, extent, and seriousness of the applicant's offending in comparison to Sheta warranted the heavier sentence. The sentencing judge was not in error in failing to treat statutory maximums as binding analogues for the common law offence. The sentence was not manifestly excessive considering the objective and subjective circumstances of the case.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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