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Australia Case Law

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Criminal law

R v Sheard; R v Clarke

The District Court sentenced Sheard and Clarke for firing a rifle during a planned home invasion and drug rip, finding different levels of objective seriousness.

  • Discharging a firearm with intent to cause grievous bodily harm
  • Extended joint criminal enterprise
  • Objective seriousness
  • Special circumstances
  • Concurrency and totality
  • Backdating sentence
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Criminal law

R v Ballesty

Nathan Ballesty was sentenced for Commonwealth online hate and menace offences, including a Nazi salute, after the court found the conduct objectively serious.

  • Commonwealth offences
  • Failure to comply with s3la order
  • Use of carriage service to menace, harass or offend
  • Display of nazi salute
  • General deterrence
  • Mental impairment
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Criminal law

CR v R

Sentence appeal concerning s 21A aggravating factors in a domestic violence case was allowed in part for error, but the original sentence was upheld.

  • Appeals against sentence
  • Aggravating factors under s 21a
  • Double counting
  • Domestic violence offending
  • Adequacy of sentencing reasons
  • Sentence-appeals
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Criminal law

Mehieddine v R

The Court of Criminal Appeal granted leave to appeal but dismissed Majd Mehieddine’s sentence appeal, upholding the 20% plea discount and the 7-year aggregate sentence.

  • Appeal against sentence
  • Procedural fairness
  • Utilitarian value of guilty plea
  • Remorse
  • Manifest excess
  • Commonwealth offences
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Criminal law

R v Molnar

Crown appeal against sentence allowed after the Court held an intensive correction order was not available for a federal child abuse material offence.

  • Intensive correction order availability for federal offences
  • Corresponding case under state law
  • Manifest inadequacy
  • Remittal for resentencing
  • Child abuse material
  • Sentencing
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Criminal law

Worrell v R

The Court granted leave but dismissed a sentence appeal, rejecting complaints about deprivation, mental health, remorse, manifest excess, guilty plea discount and fresh evidence.

  • Appeal against sentence
  • Manifest excess
  • Bugmy principles
  • De la rosa principles
  • Remorse
  • Early appropriate guilty plea scheme
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Criminal law

R v Tynas

The District Court sentenced Bernard Tynas for Commonwealth child-sex offences and a NSW reporting breach, imposing 6 years 6 months effective aggregate imprisonment.

  • Commonwealth and state sentencing interaction
  • Child abuse material
  • Indecent transmission to a child under 16
  • Possession of child abuse material
  • Breach of child protection reporting obligations
  • Mandatory minimum sentences
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Work health and safety

SafeWork NSW v Woodward Foods Australia Pty Ltd

Sentence for a Category 2 WHS offence involving a mill roller injury. The court imposed a $375,000 fine, an adverse publicity order and costs.

  • Category 2 whs offence
  • Plant safety
  • Adverse publicity order
  • General deterrence
  • Corporate offender sentencing
  • Fine allocation
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Criminal law

Solo v R

The Court granted leave to appeal but dismissed a sentence appeal, holding the disparity with a co-offender was explained by objective and subjective differences.

  • Parity principle
  • Joint criminal enterprise
  • Grievous bodily harm
  • Form 1 offences
  • Conditional liberty
  • Subjective and objective sentencing factors
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.