Regina v Christie [1999] NSWCCA 444

Regina v Christie [1999] NSWCCA 444

The sentencing judge considered special circumstances and did not miscarry in exercising the discretion not to find them. The applicant's previous attempts to overcome alcoholism were desultory, there was little evidence that he would overcome the problem in future, there was no evidence as to the necessary period of supervision, and the offences were very serious and involved some planning. Reducing the minimum term below that imposed would not reflect the objective gravity of the offences.

Jurisdiction
Australia
Judgment Date
28 May 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Two Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['demanding Money With Menaces' 'special Circumstances' 'alcohol Dependence' 'rehabilitation' 'objective Criminality']
['criminal Law' 'sentencing'] ['demanding Money With Menaces' 'special Circumstances' 'alcohol Dependence' 'rehabilitation' 'objective Criminality']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to find special circumstances based on the applicant's alcoholism so as to reduce the minimum term and lengthen the additional term for alcohol counselling and rehabilitation." 'Whether the sentences should be disturbed in light of the seriousness and objective gravity of the offences.']

Ratio Decidendi

The sentencing judge considered special circumstances and did not miscarry in exercising the discretion not to find them. The applicant's previous attempts to overcome alcoholism were desultory, there was little evidence that he would overcome the problem in future, there was no evidence as to the necessary period of supervision, and the offences were very serious and involved some planning. Reducing the minimum term below that imposed would not reflect the objective gravity of the offences.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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