Regina v Lennox [2000] NSWCCA 449

Regina v Lennox [2000] NSWCCA 449

The sentencing judge's findings about the victim being forced to the ground were open on the witness statements; the plea of guilty was considered and, given the quick apprehension and full admissions, was essentially a recognition of the inevitable; the judge was not bound to find special circumstances and gave reasons why parole supervision beyond one year would have little utility; and the five-year sentence, though towards the top of the range, was within range given the seriousness of the attempted robbery, the violence, the applicant's appalling criminal history and reoffending while subject to a recognisance. No appealable error or manifest excess was shown.

Jurisdiction
Australia
Judgment Date
27 October 2000
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave granted; appeal dismissed.
Legal Topics
['attempted Robbery' 'plea of Guilty' 'minimum and Additional Terms' 'special Circumstances' 'manifest Excess' 'prior Criminal History' 'general Deterrence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['attempted Robbery' 'plea of Guilty' 'minimum and Additional Terms' 'special Circumstances' 'manifest Excess' 'prior Criminal History' 'general Deterrence']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding that the victim was knocked to the ground or in characterising the violence too severely.' 'Whether the sentencing judge erred in giving no weight to the plea of guilty.' 'Whether the sentencing judge erred by setting a minimum term of four years and an additional term of one year rather than finding special circumstances requiring a longer additional term.' 'Whether the sentence of five years penal servitude was manifestly excessive.']

Ratio Decidendi

The sentencing judge's findings about the victim being forced to the ground were open on the witness statements; the plea of guilty was considered and, given the quick apprehension and full admissions, was essentially a recognition of the inevitable; the judge was not bound to find special circumstances and gave reasons why parole supervision beyond one year would have little utility; and the five-year sentence, though towards the top of the range, was within range given the seriousness of the attempted robbery, the violence, the applicant's appalling criminal history and reoffending while subject to a recognisance. No appealable error or manifest excess was shown.

Court Disposition

Leave granted; appeal dismissed.

Orders

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