CRIMINAL LAW - appeal - sentencing - assault occasioning actual bodily harm in circumstances of aggravation - robbery of victim of assault - whether sentencing judge failed to take into account a mitigating factor that offences not planned or organised - Sentencing Procedure Act 1999 (NSW), s 21A(3)(b) - where not established whether or not the offence was part of a planned or organised criminal activity - where mitigating factor not relied upon by offender's representative in court below
CRIMINAL LAW - appeal - sentencing - whether manifestly excessive - where offences of a like kind attracted lesser sentences - where offender had unfavourable personal circumstances
Case Details
Citation[2013] NSWCCA 65
CourtNSWCCA
JurisdictionNew South Wales
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