Byron v R [2018] NSWCCA 239
No error, miscarriage of justice, or manifest excess was demonstrated in the sentence imposed. The reports and submissions relied on below were properly considered, and the supervision components were justified. Fresh evidence as to rehabilitation post-sentencing did not warrant intervention.
- Jurisdiction
- Australia
- Judgment Date
- 24 October 2018
- Procedural Posture
- Criminal Appeal / Leave to Appeal Against Sentence; Determination of Sentence Appeal
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- ['sentence Appeal' 'assault Occasioning Actual Bodily Harm' 'supply Prohibited Drug' 'intensive Correction Order' 'manifestly Excessive Sentence' 'supervision Requirements' 'fresh Evidence on Appeal']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Determination of Sentence Appeal
Legal Issues
- 1 ['Whether the sentencing judge erred in relying on reports said to be inaccurate by the applicant' 'Whether supervision or treatment requirements in the intensive correction order were appropriate or excessive' 'Whether the sentence imposed was manifestly excessive in length']
Ratio Decidendi
No error, miscarriage of justice, or manifest excess was demonstrated in the sentence imposed. The reports and submissions relied on below were properly considered, and the supervision components were justified. Fresh evidence as to rehabilitation post-sentencing did not warrant intervention.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- ['Leave to appeal granted.' 'Dismiss the appeal.']
Full Case Text
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