Gavin v R [2013] NSWCCA 99

Gavin v R [2013] NSWCCA 99

The sentence imposed was within the range reasonably open to the sentencing judge, no error of principle or manifest excess was demonstrated, and comparable sentences did not establish that the sentence was plainly unjust.

Jurisdiction
Australia
Judgment Date
06 May 2013
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal – Decision on Leave and Merits
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['armed Robbery' 'manifestly Excessive Sentence' 'comparable Sentences' 'sentencing Discretion']
['criminal Law'] ['armed Robbery' 'manifestly Excessive Sentence' 'comparable Sentences' 'sentencing Discretion']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal – Decision on Leave and Merits

Legal Issues

  1. 1 ['Whether the sentence imposed for armed robbery causing grievous bodily harm was manifestly excessive' 'Whether the ground of appeal is made good by reference to comparable sentences']

Ratio Decidendi

The sentence imposed was within the range reasonably open to the sentencing judge, no error of principle or manifest excess was demonstrated, and comparable sentences did not establish that the sentence was plainly unjust.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']