Evans v R [2012] NSWCCA 59

Evans v R [2012] NSWCCA 59

Given the serious objective criminality of the offences and the applicant's extensive criminal history, the sentencing judge was entitled to impose the sentences as he did. The possibility of summary disposal in the Local Court was given no weight, in light of the nature of the offending and the applicant’s record. No error was established in the Judge’s assessment of objective seriousness, consideration of aggravating factors, approach to sentence structuring, or in the quantum of sentence imposed. Leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
09 February 2012
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused
Legal Topics
['appeal Against Sentence' 'objective Seriousness of Offence' 'accumulation of Sentences' 'manifest Excess' 'summary Disposal']
['criminal Law'] ['appeal Against Sentence' 'objective Seriousness of Offence' 'accumulation of Sentences' 'manifest Excess' 'summary Disposal']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the trial judge erred by not considering summary disposal and maximum penalty in the Local Court' 'Whether the sentencing judge made erroneous findings on objective seriousness and aggravated factors' 'Whether sentences for each count were improperly accumulated, overstating total criminality' 'Whether the sentence for count 2 and the overall sentence were manifestly excessive']

Ratio Decidendi

Given the serious objective criminality of the offences and the applicant's extensive criminal history, the sentencing judge was entitled to impose the sentences as he did. The possibility of summary disposal in the Local Court was given no weight, in light of the nature of the offending and the applicant’s record. No error was established in the Judge’s assessment of objective seriousness, consideration of aggravating factors, approach to sentence structuring, or in the quantum of sentence imposed. Leave to appeal was refused.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal against sentence refused']