REGINA v CEISSMAN [2000] NSWCCA 274

REGINA v CEISSMAN [2000] NSWCCA 274

The sentencing judge sufficiently adjusted the applicant's sentence to account for the Queensland imprisonment consistently with Todd and Mill; the applicant's parity grievance with Quinlan was not justified because Quinlan's sentence had been reduced for assistance to authorities and different sentencing considerations applied; and the sentencing judge took the applicant's subjective circumstances into account, with no error or manifest excess shown.

Jurisdiction
Australia
Judgment Date
14 July 2000
Procedural Posture
Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted but the appeal dismissed.
Legal Topics
['armed Robbery' 'stealing a Motor Vehicle' 'interstate Sentences' 'parity of Sentences' 'manifest Excess' 'subjective Circumstances']
['criminal Law' 'sentencing'] ['armed Robbery' 'stealing a Motor Vehicle' 'interstate Sentences' 'parity of Sentences' 'manifest Excess' 'subjective Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing judge appropriately accounted for the applicant's earlier Queensland sentence under the principles in The Queen v Todd and Mill v The Queen." 'Whether the applicant had a justified sense of grievance on parity grounds when his sentences were compared with those of his co-accused Quinlan.' "Whether the applicant's subjective circumstances and rehabilitation meant the sentence was affected by error or was manifestly excessive."]

Ratio Decidendi

The sentencing judge sufficiently adjusted the applicant's sentence to account for the Queensland imprisonment consistently with Todd and Mill; the applicant's parity grievance with Quinlan was not justified because Quinlan's sentence had been reduced for assistance to authorities and different sentencing considerations applied; and the sentencing judge took the applicant's subjective circumstances into account, with no error or manifest excess shown.

Court Disposition

Leave to appeal granted but the appeal dismissed.

Orders

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