Troy LITTLE v R [2009] NSWCCA 113

Troy LITTLE v R [2009] NSWCCA 113

The psychologist's opinion regarding the applicant's brain injury did not amount to a mitigating circumstance warranting reduced general deterrence; the injury's severity and effect were insufficient and unsupported by medical evidence. The sentences imposed were moderate, if not lenient, and were not vitiated by the judge's approach to the psychological evidence.

Parties
Applicant: Troy Little; Respondent: Regina
Jurisdiction
Australia
Judgment Date
21 April 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Substantive Appeal
Outcome
Application for leave is granted but the appeal is dismissed.
Legal Topics
Appeal Against Sentence, Evidence of Psychologist, Mitigating Circumstances, General Deterrence
Criminal Law Appeal Against Sentence Evidence of Psychologist Mitigating Circumstances General Deterrence

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Parties

Troy Little

Applicant

Regina

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sentencing judge erred in rejecting psychologist's evidence of brain injury as a mitigating factor
  2. 2 Whether brain injury should reduce significance of general deterrence in sentencing

Ratio Decidendi

The psychologist's opinion regarding the applicant's brain injury did not amount to a mitigating circumstance warranting reduced general deterrence; the injury's severity and effect were insufficient and unsupported by medical evidence. The sentences imposed were moderate, if not lenient, and were not vitiated by the judge's approach to the psychological evidence.

Court Disposition

Application for leave is granted but the appeal is dismissed.