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Bugmy v. The Queen

Case No. S99/2013
Case information

Lower Court Judgment

18/10/2012 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben JA, Johnson and Schmidt JJ)

[2012] NSWCCA 223

Catchwords

Criminal law – Sentencing – Fernando considerations – Whether court of appeal erred by failing to consider the question of manifest inadequacy and the exercise of residual discretion when increasing sentence – Whether court of appeal erred by holding that the weight to be given to the Fernando considerations is diminished over the passage of time – Whether mental illness relevant in sentencing – Whether discretion of sentencing judge had miscarried by virtue of his assessment of the objective seriousness of the offence.

Short Particulars

Documents

10/05/2013 Hearing (SLA, Sydney)

24/05/2013 Notice of appeal

14/06/2013 Written submissions (Appellant)

14/06/2013 Chronology (Appellant)

05/07/2013 Written submissions (Respondent)

18/07/2013 Reply

06/08/2013 Hearing (Full Court, Canberra)

02/10/2013 Judgment (Judgment summary)