Leslie v R
Case
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[2009] NSWCCA 203
•25 August 2009
Details
AGLC
Case
Decision Date
Leslie v R [2009] NSWCCA 203
[2009] NSWCCA 203
25 August 2009
CaseChat Overview and Summary
The case of Leslie v R involves the applicant appealing the sentences imposed for multiple serious offences committed over a three month period. The applicant was found guilty of several serious offences, including aggravated break and enter and steal, armed robbery, and attempted murder, and was sentenced to imprisonment for a total of 14 years and 7 months, with a non-parole period of 9 years and 7 months. The applicant sought leave to appeal against the severity of these sentences. The legal issues before the court were whether the particular sentences imposed were manifestly excessive, and whether the principle of totality and the parity principle had been properly applied in sentencing. The court held that the sentences were not manifestly excessive, and that the principle of totality and the parity principle had been properly applied. The applicant's appeal was dismissed, with the exception of the sentence in respect of offence (1), which was quashed and replaced with a new sentence. The court found that the original sentence for offence (1) was disproportionate to the other sentences imposed and did not reflect the principle of totality and parity. The new sentence for offence (1) is a term of imprisonment with a non-parole period of 3 years, commencing on 27 December 2008 and expiring on 26 December 2011, with a balance of term of 1 year expiring 26 December 2012.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Sentence
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Parity Principle
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Principle of Totality
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Citations
Leslie v R [2009] NSWCCA 203
Most Recent Citation
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Cases Cited
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Statutory Material Cited
3
Re Attorney-General's Application (No 1 of 2002) (NSW)
[2002] NSWCCA 518
R v Barrientos
[1999] NSWCCA 1
Pearce v The Queen
[1998] HCA 57