Wayne Kelvin Lavender v Regina [2006] NSWCCA 24

Wayne Kelvin Lavender v Regina [2006] NSWCCA 24

Leave to appeal was granted, but the sentence appeal was dismissed because the Court was not persuaded that error had been demonstrated sufficient to justify allowing the appeal. The sentence was reinstated, with orders made for the appellant to be taken into custody and dealt with according to law by the Parole Board.

Jurisdiction
Australia
Judgment Date
08 February 2006
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From the District Court
Outcome
Leave to appeal against sentence granted; appeal against sentence dismissed; sentence reinstated.
Legal Topics
['manslaughter' 'leave to Appeal Against Sentence' 'appeal Against Sentence' 'bail Revocation' 'custody and Parole Arrangements']
['criminal Law' 'sentencing'] ['manslaughter' 'leave to Appeal Against Sentence' 'appeal Against Sentence' 'bail Revocation' 'custody and Parole Arrangements']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From the District Court

Legal Issues

  1. 1 ['Whether leave to appeal against sentence should be granted.' 'Whether error had been demonstrated that would justify allowing the appeal against sentence.' "How the reinstated sentence should be carried into effect in light of the appellant's personal circumstances."]

Ratio Decidendi

Leave to appeal was granted, but the sentence appeal was dismissed because the Court was not persuaded that error had been demonstrated sufficient to justify allowing the appeal. The sentence was reinstated, with orders made for the appellant to be taken into custody and dealt with according to law by the Parole Board.

Court Disposition

Leave to appeal against sentence granted; appeal against sentence dismissed; sentence reinstated.

Orders

  • ['Grant leave to appeal against sentence.' 'Appeal against sentence dismissed.' "Order that for the purpose of the carrying into effect of the sentence thus reinstated: the appellant's bail to appear before this Court be revoked." 'The appellant be taken forthwith into the custody of Assistant Superintendent...