Regina v Maisey [2005] NSWCCA 347

Regina v Maisey [2005] NSWCCA 347

Although the sentencing judge erred in relying on personal experience for permanent injury findings without alerting the applicant, this did not affect the appropriateness of the sentence which was stern but not manifestly excessive, given the gravity of the offence, the applicant's role, and other factors.

Parties
Prosecutor: Regina; Applicant: Troy James Maisey
Jurisdiction
Australia
Judgment Date
11 October 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal against sentence dismissed
Legal Topics
Sentencing, Robbery With Violence, Procedural Fairness, Causation, Aggravating and Mitigating Factors
Criminal Law Sentencing Robbery With Violence Procedural Fairness Causation Aggravating and Mitigating Factors

Case Brief

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Parties

Regina

Prosecutor

Troy James Maisey

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by relying on personal experience concerning the victim's back injury and in failing to alert defence of intended finding of permanent injury
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

Although the sentencing judge erred in relying on personal experience for permanent injury findings without alerting the applicant, this did not affect the appropriateness of the sentence which was stern but not manifestly excessive, given the gravity of the offence, the applicant's role, and other factors.

Court Disposition

Leave to appeal against sentence granted; appeal against sentence dismissed

Orders

  • Leave to appeal against sentence granted.
  • Appeal against sentence dismissed.