Flynn v R

Case

[2010] NSWCCA 171

6 August 2010


Details
AGLC Case Decision Date
Flynn v R [2010] NSWCCA 171 [2010] NSWCCA 171 6 August 2010

CaseChat Overview and Summary

Flynn was convicted of multiple offences, including escaping lawful custody, and was sentenced by the Supreme Court of New South Wales. The appellant, Flynn, appealed the sentence on the grounds that it was manifestly excessive, that his health problems were not adequately considered, and that the special circumstances of his case were not reflected in his total effective sentence. Furthermore, Flynn argued that the trial judge should have ordered compensation for the damage caused to the home of the victim. The respondent, the Crown, argued that the sentence was appropriate and that Flynn's health problems and special circumstances had been considered.

The court considered whether the sentence imposed was manifestly excessive, taking into account all relevant factors, including Flynn's health problems. The court also examined whether the finding of special circumstances was adequately reflected in the total effective sentence. Additionally, the court assessed whether compensation should have been ordered for the damage caused to the victim's home. The court found that the sentence was not manifestly excessive, that Flynn's health problems and special circumstances had been adequately considered, and that the trial judge did not err in declining to order compensation.

The appeal was dismissed. The court held that the sentence imposed was not manifestly excessive, as the trial judge had considered all relevant factors, including Flynn's health problems. The court further found that the special circumstances of the case, including the fact that the offences were committed while Flynn was on parole and as an escapee, had been adequately reflected in the total effective sentence. The court also determined that the trial judge did not err in declining to order compensation for the damage caused to the victim's home.

The court did not make any orders in relation to the appeal.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sentencing

  • Breach of Parole

  • Escape

  • Compensation

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Most Recent Citation
R v White (No.2) [2021] NSWDC 580

Cases Citing This Decision

14

R v Meakin (No. 4) [2017] NSWSC 999
R v White (No.2) [2021] NSWDC 580
R v Gerard Loreto [2016] NSWDC 252
Cases Cited

4

Statutory Material Cited

7

R v King [2003] NSWCCA 352
R v Pham [2005] NSWCCA 94
R v Simpson [2001] NSWCCA 534