XE v R [2023] NSWCCA 96

XE v R [2023] NSWCCA 96

The applicant did not establish that the sentence was unreasonable or plainly unjust. The sentencing judge's findings were not challenged, and the matters relied on to suggest manifest excess, including youth, paternal encouragement, favourable subjective circumstances and rehabilitation, were all properly considered. The sentence imposed was commensurate with the objective seriousness of the murder and the applicant's subjective case.

Jurisdiction
Australia
Judgment Date
24 April 2023
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['murder' 'joint Criminal Enterprise' 'manifestly Excessive Sentence' 'youth and Immaturity in Sentencing' 'rehabilitation' 'non Parole Period']
['criminal Law' 'sentencing' 'criminal Appeals'] ['murder' 'joint Criminal Enterprise' 'manifestly Excessive Sentence' 'youth and Immaturity in Sentencing' 'rehabilitation' 'non Parole Period']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence of 17 years imprisonment with a non-parole period of 10 years and 6 months for murder was manifestly excessive.' "Whether the sentencing judge gave adequate weight to the applicant's youth, immaturity, father's encouragement, subjective circumstances and prospects of rehabilitation."]

Ratio Decidendi

The applicant did not establish that the sentence was unreasonable or plainly unjust. The sentencing judge's findings were not challenged, and the matters relied on to suggest manifest excess, including youth, paternal encouragement, favourable subjective circumstances and rehabilitation, were all properly considered. The sentence imposed was commensurate with the objective seriousness of the murder and the applicant's subjective case.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']