Raniga v R [2016] NSWCCA 36

Raniga v R [2016] NSWCCA 36

No error was demonstrated in the sentencing judge's assessment of objective seriousness or in the sentence imposed. The Applicant's connection with the Hells Angels outlaw motorcycle group made the possession particularly serious, the ammunition was nearby and the rifle could have been rendered lethal quickly. The statistics and comparative cases did not show that the sentence was unreasonable or plainly unjust. Because all grounds failed and the co-accused had not yet been sentenced, leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
11 March 2016
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From District Court of NSW Sentence
Outcome
Leave to appeal refused.
Legal Topics
['possess Unauthorised Firearm' 'objective Seriousness' 'manifest Excess' 'standard Non Parole Period' 'use of Sentencing Statistics' 'comparative Cases' 'form 1 Offences']
['criminal Law' 'sentencing' 'firearms Offences'] ['possess Unauthorised Firearm' 'objective Seriousness' 'manifest Excess' 'standard Non Parole Period' 'use of Sentencing Statistics' 'comparative Cases' 'form 1 Offences']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From District Court of NSW Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the index offence as being at the upper end of the mid-range of objective seriousness.' 'Whether the sentence imposed for possess unauthorised firearm was manifestly excessive.' 'What use could be made of JIRS sentencing statistics and comparative cases in assessing manifest excess.']

Ratio Decidendi

No error was demonstrated in the sentencing judge's assessment of objective seriousness or in the sentence imposed. The Applicant's connection with the Hells Angels outlaw motorcycle group made the possession particularly serious, the ammunition was nearby and the rifle could have been rendered lethal quickly. The statistics and comparative cases did not show that the sentence was unreasonable or plainly unjust. Because all grounds failed and the co-accused had not yet been sentenced, leave to appeal was refused.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']