Ramea v R [2013] NSWCCA 310

Ramea v R [2013] NSWCCA 310

The applicant failed to demonstrate any material error in the sentencing exercise or substantial injustice arising from the refusal. The trial judge's approach was consistent with established sentencing principles, involved proper synthesis of relevant factors, and did not err as alleged in relation to the standard non-parole period, objective gravity, aggravating/mitigating factors, or manifest excess.

Jurisdiction
Australia
Judgment Date
09 December 2013
Procedural Posture
Criminal Appeal / Application for Extension of Time Within Which to Seek Leave to Appeal Sentence
Outcome
Application for extension of time to seek leave to appeal sentence refused.
Legal Topics
['extension of Time to Seek Leave to Appeal Sentence' 'plea of Guilty' 'wounding With Intent to Cause Grievous Bodily Harm' 'assessment of Objective Gravity' 'standard Non Parole Period' 'aggravating and Mitigating Factors' 'manifest Excess' 'muldrock Error']
['criminal Law'] ['extension of Time to Seek Leave to Appeal Sentence' 'plea of Guilty' 'wounding With Intent to Cause Grievous Bodily Harm' 'assessment of Objective Gravity' 'standard Non Parole Period' 'aggravating and Mitigating Factors' 'manifest Excess' 'muldrock Error']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time Within Which to Seek Leave to Appeal Sentence

Legal Issues

  1. 1 ['Whether refusal of application would result in substantial injustice to applicant' 'Whether trial judge adopted two-stage approach to sentencing and gave determinative weight to standard non-parole period' 'Whether trial judge erred in assessment of objective gravity of offence and aggravating factors' 'Whether sentence manifestly excessive' 'Whether Muldrock error occurred' 'Whether judge failed to take into account relevant matters']

Ratio Decidendi

The applicant failed to demonstrate any material error in the sentencing exercise or substantial injustice arising from the refusal. The trial judge's approach was consistent with established sentencing principles, involved proper synthesis of relevant factors, and did not err as alleged in relation to the standard non-parole period, objective gravity, aggravating/mitigating factors, or manifest excess.

Court Disposition

Application for extension of time to seek leave to appeal sentence refused.

Orders

  • ['Application for extension of time within which to seek leave to appeal sentence refused']