Dosen v R [2010] NSWCCA 283

Dosen v R [2010] NSWCCA 283

The sentencing judge took sufficient account of the applicant's ill health and subjective circumstances, and gave proper consideration to deterrence and the seriousness of the offence. The sentence was within the proper exercise of discretion and not manifestly excessive.

Parties
Applicant: Steven Michael Dosen; Respondent: Crown
Jurisdiction
Australia
Judgment Date
29 November 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Appeal Determination
Outcome
Appeal dismissed; leave to extend time to appeal granted; leave to appeal against sentence granted
Legal Topics
Sentencing, Manifest Excess, Mitigating Factors, Specific Deterrence
Criminal Law Sentencing Manifest Excess Mitigating Factors Specific Deterrence

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Parties

Steven Michael Dosen

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence and Appeal Determination

Legal Issues

  1. 1 Whether sufficient weight was given to the applicant's state of health in sentencing
  2. 2 Whether too much weight was given to specific deterrence
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge took sufficient account of the applicant's ill health and subjective circumstances, and gave proper consideration to deterrence and the seriousness of the offence. The sentence was within the proper exercise of discretion and not manifestly excessive.

Court Disposition

Appeal dismissed; leave to extend time to appeal granted; leave to appeal against sentence granted

Orders

  • Leave to extend time to appeal be granted.
  • Leave to appeal against sentence be granted.