Regina v Basilious [1999] NSWCCA 219

Regina v Basilious [1999] NSWCCA 219

Although the further medical material was admitted, it remained far from clear how much the motor vehicle accident contributed to the applicant's conduct. The sentencing judge made no error of principle or fact, gave careful and sympathetic consideration to the applicant's subjective features, and imposed lenient minimum permissible sentences. Given the objective gravity of the offences and that the applicant offended while on probation and on bail, there was no basis for appellate intervention.

Jurisdiction
Australia
Judgment Date
02 August 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['steal From Person' 'robbery' 'break, Enter and Steal' 'severity Appeal' 'offending While on Probation' 'offending While on Bail' 'fresh Evidence on Appeal']
['criminal Law' 'sentencing'] ['steal From Person' 'robbery' 'break, Enter and Steal' 'severity Appeal' 'offending While on Probation' 'offending While on Bail' 'fresh Evidence on Appeal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave to appeal against the severity of the sentences should be granted.' 'Whether the minimum term of twelve months and additional term of eighteen months for steal from the person, robbery, and break, enter and steal was excessive.' "Whether further medical material concerning the applicant's mental condition should be admitted on appeal." "Whether the sentencing judge erred in not being persuaded that the applicant's mental condition was a significant factor in the commission of the offences."]

Ratio Decidendi

Although the further medical material was admitted, it remained far from clear how much the motor vehicle accident contributed to the applicant's conduct. The sentencing judge made no error of principle or fact, gave careful and sympathetic consideration to the applicant's subjective features, and imposed lenient minimum permissible sentences. Given the objective gravity of the offences and that the applicant offended while on probation and on bail, there was no basis for appellate intervention.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

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