Osborne v R [2015] NSWCCA 260

Osborne v R [2015] NSWCCA 260

The sentence imposed, though stern, was not manifestly excessive nor did it reveal House v The King error; the sentencing judge gave proper attention to both the objective seriousness of the offence and the applicant's strong subjective circumstances within the exercise of sentencing discretion.

Jurisdiction
Australia
Judgment Date
24 September 2015
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence—court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'reckless Wounding' 'manifestly Excessive Sentence' 'objective Seriousness' 'general Deterrence' 'subjective Circumstances']
['criminal Law'] ['sentencing' 'reckless Wounding' 'manifestly Excessive Sentence' 'objective Seriousness' 'general Deterrence' 'subjective Circumstances']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence—court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence for reckless wounding was manifestly excessive' 'Whether the sentencing judge gave too much weight to objective seriousness and general deterrence and insufficient weight to subjective factors']

Ratio Decidendi

The sentence imposed, though stern, was not manifestly excessive nor did it reveal House v The King error; the sentencing judge gave proper attention to both the objective seriousness of the offence and the applicant's strong subjective circumstances within the exercise of sentencing discretion.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['1. Leave to appeal granted' '2. Appeal dismissed']