Hassan v R [2018] NSWCCA 213

Hassan v R [2018] NSWCCA 213

The sentencing judge did not err in his findings or in the standard of proof applied, was entitled to reject the applicant's version and make findings beyond reasonable doubt that the offending was the result of low-level verbal provocation followed by a violent attack. The judge's application of sentencing principles included proper consideration of deterrence and proportionality in the context of domestic violence. The sentence imposed was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
03 October 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence – Judgment
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'standard of Proof in Sentencing' 'adverse Findings of Fact' 'provocation' 'manifest Excess' 'domestic Violence' 'standard of Proof for Adverse Factual Findings' 'self Defence' 'manslaughter']
['criminal Law'] ['sentencing' 'standard of Proof in Sentencing' 'adverse Findings of Fact' 'provocation' 'manifest Excess' 'domestic Violence' 'standard of Proof for Adverse Factual Findings' 'self Defence' 'manslaughter']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing judge made adverse factual findings against the applicant beyond reasonable doubt' 'Whether it was open to the sentencing judge to make findings beyond reasonable doubt against the applicant as to the circumstances of the offence' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentencing judge did not err in his findings or in the standard of proof applied, was entitled to reject the applicant's version and make findings beyond reasonable doubt that the offending was the result of low-level verbal provocation followed by a violent attack. The judge's application of sentencing principles included proper consideration of deterrence and proportionality in the context of domestic violence. The sentence imposed was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant the applicant leave to appeal.' 'Dismiss the appeal.']