Jones, Wesley Trevor v The Queen [1984] FCA 259

Jones, Wesley Trevor v The Queen [1984] FCA 259

No error of principle or special reasons exist to justify granting leave to appeal; the sentencing Judge's fixation of 15 months as the non-parole period was within the sound discretion given the repetitive nature and gravity of the offences.

Parties
Applicant: Wesley Trevor Jones; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
17 August 1984
Procedural Posture
Criminal / Application for Leave to Appeal Out of Time
Outcome
Leave to appeal refused
Legal Topics
Sentencing, Non Parole Period, Leave to Appeal Out of Time
Criminal Law Sentencing Non Parole Period Leave to Appeal Out of Time

Case Brief

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Parties

Wesley Trevor Jones

Applicant

The Queen

Respondent

Procedural Posture

Criminal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether special reasons exist to grant leave to appeal out of time against sentence
  2. 2 Whether the non-parole period fixed was disproportionate to the head sentence

Ratio Decidendi

No error of principle or special reasons exist to justify granting leave to appeal; the sentencing Judge's fixation of 15 months as the non-parole period was within the sound discretion given the repetitive nature and gravity of the offences.

Court Disposition

Leave to appeal refused

Orders

  • The application for leave to appeal be refused.