R v Godden [1999] NSWCCA 201
The sentencing judge was alert to the applicant's drug problem and subjective circumstances, took into account the period already spent in custody, and imposed sentences for serious offences that were well within the range of a sound sentencing discretion. No error or ground justifying appellate intervention was established.
- Jurisdiction
- Australia
- Judgment Date
- 23 July 1999
- Procedural Posture
- Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- ['assault Occasioning Actual Bodily Harm' 'assault With Act of Indecency' 'armed Robbery' 'sentence Appeal' 'drug Use' 'time Served in Custody']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences
Legal Issues
- 1 ['Whether the sentences imposed for assault occasioning actual bodily harm, assault with act of indecency, and two counts of armed robbery should be disturbed on appeal.' "Whether the sentencing judge erred by failing to take account of the applicant's drug use, subjective circumstances, prior custody, or other mitigating considerations."]
Ratio Decidendi
The sentencing judge was alert to the applicant's drug problem and subjective circumstances, took into account the period already spent in custody, and imposed sentences for serious offences that were well within the range of a sound sentencing discretion. No error or ground justifying appellate intervention was established.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- ['Leave to appeal granted' 'Appeal dismissed']
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