Bugmy v. The Queen

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