Findings of fact made by a sentencing judge are not open to review on an application for leave to appeal against sentence. Where the sentencing judge has heard the evidence at trial and made findings of fact to the requisite standard, those findings are not open to be challenged in the Court of Criminal Appeal.
Studdert J, Simpson J
A sentence of 18 months periodic detention for assault occasioning actual bodily harm by a parent on a child while intoxicated is within the appropriate range, particularly given that periodic detention itself contains a recognised element of leniency. Sentencing findings of fact based on evidence heard at trial are not open to challenge on a sentence appeal.
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Judicial Consideration (Chronological)