R v Ryan

Case

[2013] NSWDC 281

14 February 2013


Details
AGLC Case Decision Date
R v Ryan [2013] NSWDC 281 [2013] NSWDC 281 14 February 2013

CaseChat Overview and Summary

The appellant, Ryan, was convicted on nine counts of various criminal offences and the matter came before the court for sentencing. The court was required to determine the appropriate sentence for each count, taking into consideration the nature and circumstances of the offences, as well as any relevant mitigating or aggravating factors.

The court identified several legal issues that needed to be addressed, including the appropriate standard non-parole period for each count, as well as whether any special circumstances were present that would warrant a departure from the usual sentencing principles. The court also had to consider the totality of the appellant's offending and the need for any sentences to be cumulative.

After considering the evidence and arguments presented, the court determined that the appropriate sentences for each count were as follows: Count 1, a term of imprisonment of 3 years; Count 2, a term of imprisonment of 1 year and 8 months; Count 3, a term of imprisonment of 4 years and 3 months with a non-parole period of 3 years and 3 months; Count 4, a term of imprisonment of 6 years and 9 months; Count 6, a term of imprisonment of 12 years and 9 months with a non-parole period of 7 years and 6 months; Count 7, a term of imprisonment of 2 years and 6 months; Count 8, a term of imprisonment of 1 year and 8 months; and Count 9, a term of imprisonment of 1 year and 8 months. The court considered the totality of the appellant's offending and determined that the sentences should be cumulative.

The court made orders for the appellant to be sentenced to the terms of imprisonment specified above for each count, with the non-parole periods as determined.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Non Parole Period

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Cases Citing This Decision

2

The Queen v Smiler (No 1) [2017] NTSC 28
The Queen v Smiler (No 1) [2017] NTSC 28
Cases Cited

13

Statutory Material Cited

2

DPP (Cth) v De La Rosa [2010] NSWCCA 194
R v Hemsley [2004] NSWCCA 228
R v Blackman and Walters [2001] NSWCCA 121