Benson v R [2016] NSWCCA 267

Benson v R [2016] NSWCCA 267

No House v The King error was established. The sentencing judge carefully and fairly examined the competing accounts, applied the correct legal tests, made findings open on the evidence, and was entitled to reject the applicant's account of excessive self-defence and prefer Mr Robertson's account. The challenge amounted to disagreement with factual findings rather than demonstration of appellable error, so the appeal against sentence was dismissed.

Jurisdiction
Australia
Judgment Date
30 November 2016
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['wounding With Intent to Cause Grievous Bodily Harm' 'self Defence' 'excessive Self Defence' 'house V the King Error' 'fact Finding on Sentence' 'manifest Excess']
['criminal Law' 'sentencing'] ['wounding With Intent to Cause Grievous Bodily Harm' 'self Defence' 'excessive Self Defence' 'house V the King Error' 'fact Finding on Sentence' 'manifest Excess']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing judge made House v The King errors in rejecting excessive self-defence as a basis for sentence.' "Whether the sentencing judge's factual findings preferring Mr Robertson's account over the applicant's account were open on the evidence." 'Whether the sentence was manifestly excessive as a consequence of alleged factual error.']

Ratio Decidendi

No House v The King error was established. The sentencing judge carefully and fairly examined the competing accounts, applied the correct legal tests, made findings open on the evidence, and was entitled to reject the applicant's account of excessive self-defence and prefer Mr Robertson's account. The challenge amounted to disagreement with factual findings rather than demonstration of appellable error, so the appeal against sentence was dismissed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']