R v Harris [2005] NSWCCA 204

R v Harris [2005] NSWCCA 204

The sentences were not manifestly excessive. The fixed term for the earlier offence was within the range indicated in R v Henry, there was no error in the partial accumulation of the later sentence, and the later sentence was within range having regard to the Form 1 matter, the serious nature of the offences, and considerations of general and specific deterrence.

Jurisdiction
Australia
Judgment Date
01 June 2005
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['armed Robbery' 'manifest Excess' 'form 1 Offences' 'guilty Plea Discount' 'partial Accumulation of Sentences' 'general and Specific Deterrence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['armed Robbery' 'manifest Excess' 'form 1 Offences' 'guilty Plea Discount' 'partial Accumulation of Sentences' 'general and Specific Deterrence']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentences imposed for two armed robbery offences were manifestly excessive individually or as an effective total sentence.' 'Whether the sentencing judge erred in partially accumulating the sentence for the later offence on the sentence for the earlier offence.' 'Whether the guideline in R v Henry (1999) 46 NSWLR 346 indicated that the sentences were excessive.']

Ratio Decidendi

The sentences were not manifestly excessive. The fixed term for the earlier offence was within the range indicated in R v Henry, there was no error in the partial accumulation of the later sentence, and the later sentence was within range having regard to the Form 1 matter, the serious nature of the offences, and considerations of general and specific deterrence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']