R v Newton [2004] NSWCCA 47
The sentencing judge took into account appropriately the facts and circumstances in sentencing, did not change his mind in a way that denied procedural fairness, applied the totality principle, and the sentences imposed were not manifestly excessive; thus, leave to appeal is granted but the appeal is dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 03 February 2004
- Procedural Posture
- Criminal Appeal / Leave to Appeal Against Sentence; Appellate Judgment
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- ['maliciously Damaging Property' 'assaulting a Police Officer' 'using an Offensive Weapon to Avoid Apprehension' 'sentence Appeal' 'totality Principle']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appellate Judgment
Legal Issues
- 1 ['Whether sentencing judge erred by taking into account facts not relied upon by the Crown' 'Whether sentencing judge changed view of facts without informing appellant, denying procedural fairness' 'Whether sentencing judge failed to apply the principle of totality' 'Whether sentences were manifestly excessive']
Ratio Decidendi
The sentencing judge took into account appropriately the facts and circumstances in sentencing, did not change his mind in a way that denied procedural fairness, applied the totality principle, and the sentences imposed were not manifestly excessive; thus, leave to appeal is granted but the appeal is dismissed.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- ['Leave to appeal granted' 'Appeal against sentence dismissed']
Full Case Text
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