Regina v Greene [2001] NSWCCA 258

Regina v Greene [2001] NSWCCA 258

The sentencing judge was entitled to, and required to, place emphasis on general deterrence due to the seriousness of domestic violence offences, and the sentence imposed was within the range of a proper exercise of discretion given the objective seriousness of the offence despite the applicant's subjective circumstances.

Jurisdiction
Australia
Judgment Date
29 June 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence, Substantive Appeal
Outcome
Appeal dismissed
Legal Topics
['sentencing' 'use of Offensive Weapon' 'general Deterrence' 'domestic Violence']
['criminal Law'] ['sentencing' 'use of Offensive Weapon' 'general Deterrence' 'domestic Violence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence, Substantive Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in placing weight on general deterrence without evidentiary support' "Whether the sentence was manifestly excessive having regard to the applicant's subjective circumstances"]

Ratio Decidendi

The sentencing judge was entitled to, and required to, place emphasis on general deterrence due to the seriousness of domestic violence offences, and the sentence imposed was within the range of a proper exercise of discretion given the objective seriousness of the offence despite the applicant's subjective circumstances.

Court Disposition

Appeal dismissed

Orders

  • ['Application for leave to appeal granted' 'Appeal dismissed']