REGINA v STIRRAT [2003] NSWCCA 350

REGINA v STIRRAT [2003] NSWCCA 350

Leave to appeal was refused because the sentencing judge took the relevant subjective matters into account, was not disqualified by being a customer of the victim building society, was not required to obtain further reports where the applicant was represented and a full-time custodial sentence was inevitable, there was no basis for an Ellis discount because detection and arrest were inevitable and proof was not shown to be difficult, the sentences properly reflected totality and were within the range for the offences, and the judge's mistaken reference to the count numbers was a mere verbal slip.

Jurisdiction
Australia
Judgment Date
19 November 2003
Procedural Posture
Criminal Sentencing Matter / Application for Leave to Appeal Against Sentence to the New South Wales Court of Criminal Appeal
Outcome
Application for leave to appeal dismissed.
Legal Topics
['sentencing' 'armed Robbery' 'robbery' 'form 1 Offences' 'totality Principle' 'ellis Discount' 'manifest Excess']
['criminal Law'] ['sentencing' 'armed Robbery' 'robbery' 'form 1 Offences' 'totality Principle' 'ellis Discount' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Sentencing Matter / Application for Leave to Appeal Against Sentence to the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to give sufficient weight to the applicant's prior good record, first custodial sentence, subjective circumstances and prospects of rehabilitation." 'Whether the sentencing judge was disqualified or should not have continued because he was a customer of the building society that was the victim of Count 4.' 'Whether error arose because no pre-sentence report or psychological or psychiatric report was obtained before sentence.' 'Whether the applicant was entitled to an Ellis discount.' 'Whether the overall sentences and non-parole periods were excessive having regard to the offences occurring over a relatively short period and the totality principle.' 'Whether a verbal slip in the remarks on sentence about which counts were armed robberies disclosed sentencing error.']

Ratio Decidendi

Leave to appeal was refused because the sentencing judge took the relevant subjective matters into account, was not disqualified by being a customer of the victim building society, was not required to obtain further reports where the applicant was represented and a full-time custodial sentence was inevitable, there was no basis for an Ellis discount because detection and arrest were inevitable and proof was not shown to be difficult, the sentences properly reflected totality and were within the range for the offences, and the judge's mistaken reference to the count numbers was a mere verbal slip.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['Application for leave to appeal dismissed.']