R v Godden [1999] NSWCCA 201

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

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences

  1. 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']