MIRINGAORANGI v R [2006] NSWCCA 397

MIRINGAORANGI v R [2006] NSWCCA 397

Although the sentencing judge erred in failing to correctly calculate pre-sentence custody, the sentences imposed were lenient in other respects and, given the seriousness of the offences and aggravating factors, no lesser sentence was warranted. Leave to appeal is granted, but the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
20 July 2006
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'home Invasion' 'concurrent Sentences' 'pre Sentence Custody' 'recidivism' 'deterrence']
['criminal Law'] ['sentencing' 'home Invasion' 'concurrent Sentences' 'pre Sentence Custody' 'recidivism' 'deterrence']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Decision

Legal Issues

  1. 1 ['Did the sentencing judge err in failing to accurately take into account the time spent in custody prior to sentence?' 'Was the commencement date of the sentences incorrect?' 'Should the sentences have been accumulated rather than made fully concurrent?' "Were the Form 1 matters and the applicant's criminal record appropriately considered in sentencing?"]

Ratio Decidendi

Although the sentencing judge erred in failing to correctly calculate pre-sentence custody, the sentences imposed were lenient in other respects and, given the seriousness of the offences and aggravating factors, no lesser sentence was warranted. Leave to appeal is granted, but the appeal is dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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