Mack v R [2022] NSWCCA 114

Mack v R [2022] NSWCCA 114

Although error was identified regarding double-counting of an offence, the sentencing discretion was re-exercised. The appropriate sentences, upon consideration of all circumstances and the evidence of the applicant's mental health, were found to be the same as those imposed by the sentencing judge. Therefore, leave to appeal was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
08 June 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed after granting leave
Legal Topics
['appeal Against Sentence' 'supply Prohibited Drug' 'possess Unauthorised Prohibited Firearm' 'possess More Than Three Unregistered Firearms' 'sentencing Error' 'mental Health and Sentencing' 'objective Seriousness' 'manifest Excess']
['criminal Law'] ['appeal Against Sentence' 'supply Prohibited Drug' 'possess Unauthorised Prohibited Firearm' 'possess More Than Three Unregistered Firearms' 'sentencing Error' 'mental Health and Sentencing' 'objective Seriousness' 'manifest Excess']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentencing judge erred by sentencing the applicant twice for the same offence' "Whether sentencing judge erred by failing to take into account applicant's mental health status" 'Whether sentencing judge erred in assessing objective seriousness' 'Whether sentence was manifestly excessive']

Ratio Decidendi

Although error was identified regarding double-counting of an offence, the sentencing discretion was re-exercised. The appropriate sentences, upon consideration of all circumstances and the evidence of the applicant's mental health, were found to be the same as those imposed by the sentencing judge. Therefore, leave to appeal was granted but the appeal was dismissed.

Court Disposition

Appeal dismissed after granting leave

Orders

  • ['Grant leave to appeal against sentence.' 'Dismiss the appeal.']