Regina v BUDDLE [2005] NSWCCA 82

Regina v BUDDLE [2005] NSWCCA 82

The sentence imposed was outside the legitimate range for an offender with compelling subjective circumstances, including provocation and significant mitigating factors; a lesser sentence is warranted.

Jurisdiction
Australia
Judgment Date
25 February 2005
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
Appeal allowed
Legal Topics
['appeal Against Sentence' 'maliciously Inflict Grievous Bodily Harm' 'assault Occasioning Actual Bodily Harm' 'provocation' 'manifestly Excessive Sentence' 'subjective Circumstances in Sentencing']
['criminal Law'] ['appeal Against Sentence' 'maliciously Inflict Grievous Bodily Harm' 'assault Occasioning Actual Bodily Harm' 'provocation' 'manifestly Excessive Sentence' 'subjective Circumstances in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 ['Whether the sentence was manifestly excessive' 'Whether the sentencing judge erred in assessment of the objective criminality involved' 'Whether the sentencing judge paid sufficient regard to subjective circumstances']

Ratio Decidendi

The sentence imposed was outside the legitimate range for an offender with compelling subjective circumstances, including provocation and significant mitigating factors; a lesser sentence is warranted.

Court Disposition

Appeal allowed

Orders

  • ['Leave to appeal against sentence granted' 'Appeal allowed' 'Sentence quashed and in lieu, the applicant be sentenced to imprisonment for 5 years to commence on 21 November 2003, with a non-parole period of 3 years also to commence on 21 November 2003 and to expire on 20 November 2006 which date would be his...