R v King [2011] NSWCCA 274

R v King [2011] NSWCCA 274

The sentencing judge did not err in imposing wholly concurrent sentences, as the principle of totality was satisfied by the overall sentence, and further accumulation would have resulted in excessive punishment given the nature and connection of the offences.

Parties
Appellant: The Crown; Respondent: Nelson Gary King
Jurisdiction
Australia
Judgment Date
14 December 2011
Procedural Posture
Crown Appeal Against Sentence / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Perjury, Perverting the Course of Justice, Totality Principle, Concurrent Sentences, Sentencing Discretion
Criminal Law Sentencing Perjury Perverting the Course of Justice Totality Principle Concurrent Sentences Sentencing Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

The Crown

Appellant

Nelson Gary King

Respondent

Procedural Posture

Crown Appeal Against Sentence / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in making sentences for perjury and perverting the course of justice wholly concurrent with the sentence for arson
  2. 2 Whether the overall sentence imposed reflected the criminality of the offences
  3. 3 Whether the concurrent sentences were manifestly inadequate

Ratio Decidendi

The sentencing judge did not err in imposing wholly concurrent sentences, as the principle of totality was satisfied by the overall sentence, and further accumulation would have resulted in excessive punishment given the nature and connection of the offences.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed