XY (A Pseudonym) v R [2023] NSWCCA 50
The sentencing judge correctly applied the 50% discount to yield each indicative sentence, which were then notionally partially accumulated to reflect the totality of the criminality involved, and the aggregate sentence imposed was not manifestly excessive given the objective seriousness, applicant's role as principal, the scale of the offending, and all circumstances.
- Jurisdiction
- Australia
- Judgment Date
- 17 March 2023
- Procedural Posture
- Criminal Appeal / Court of Criminal Appeal Judgment on Application for Leave to Appeal Against Sentence
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- ['appeal Against Sentence' 'aggregate Sentence' 'drug Offences' 'firearms Offences' 'sentencing Discount' 'manifest Excess']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment on Application for Leave to Appeal Against Sentence
Legal Issues
- 1 ['Whether the sentencing judge erred in applying the sentencing discount to the aggregate sentence and not the indicative sentences' 'Whether the aggregate sentence was manifestly excessive']
Ratio Decidendi
The sentencing judge correctly applied the 50% discount to yield each indicative sentence, which were then notionally partially accumulated to reflect the totality of the criminality involved, and the aggregate sentence imposed was not manifestly excessive given the objective seriousness, applicant's role as principal, the scale of the offending, and all circumstances.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- ['The applicant has leave to appeal.' 'The appeal is dismissed.']
Full Case Text
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