Regina v Bruce Raymond Paterson [2001] NSWCCA 368
The facts did not give rise to an Ellis point properly understood because the applicant's circumstances did not resemble a voluntary disclosure of wholly undetected crimes; in any event, given the objective gravity of the murder, no different and more lenient sentence was warranted in law.
- Jurisdiction
- Australia
- Judgment Date
- 07 September 2001
- Procedural Posture
- Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
- Outcome
- Leave to appeal granted; appeal against sentence dismissed.
- Legal Topics
- ['murder' 'malicious Damage by Fire' 'guilty Plea Discount' 'ellis Discount' 'utilitarian Value of Plea' 'leave to Appeal Against Sentence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Legal Issues
- 1 ['Whether the sentencing judge failed to make sufficient allowance for the principles in Regina v Ellis (1986) 6 NSWLR 603.' 'Whether a different and more lenient sentence was warranted in law under s 6(1) of the Criminal Appeal Act 1912 (NSW).']
Ratio Decidendi
The facts did not give rise to an Ellis point properly understood because the applicant's circumstances did not resemble a voluntary disclosure of wholly undetected crimes; in any event, given the objective gravity of the murder, no different and more lenient sentence was warranted in law.
Court Disposition
Leave to appeal granted; appeal against sentence dismissed.
Orders
- ['Leave to appeal is granted.' 'The appeal against sentence is dismissed.']
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