Madden v R [2011] NSWCCA 254

Madden v R [2011] NSWCCA 254

No error has been demonstrated in the sentencing judge’s approach to the principle of totality, consideration of delay, or failure to inquire further into other offences. Leave to appeal is granted but the appeal is dismissed as all grounds fail and nothing in the current or subsequent law changes the outcome.

Parties
Appellant: Trent Madden; Respondent: Regina
Jurisdiction
Australia
Judgment Date
29 November 2011
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Application for Leave to Appeal Against Sentence, Aggravated Break Enter and Commit Serious Indictable Offence, Serious Indictable Offence of Stealing, Circumstance of Aggravation—in Company, Principle of Totality, Delay Between Offence and Arrest, Standard Non Parole Period
Criminal Law Sentencing Application for Leave to Appeal Against Sentence Aggravated Break Enter and Commit Serious Indictable Offence Serious Indictable Offence of Stealing Circumstance of Aggravation—in Company Principle of Totality Delay Between Offence and Arrest +1 more

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Parties

Trent Madden

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to properly take into account the principle of totality
  2. 2 Whether the sentencing judge failed to properly take into account the delay in sentencing
  3. 3 Whether the sentencing judge failed to inquire further into the nature of the previous offending

Ratio Decidendi

No error has been demonstrated in the sentencing judge’s approach to the principle of totality, consideration of delay, or failure to inquire further into other offences. Leave to appeal is granted but the appeal is dismissed as all grounds fail and nothing in the current or subsequent law changes the outcome.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.