R v Raad [2002] NSWCCA 75

R v Raad [2002] NSWCCA 75

The 8 year starting point and 25 percent discount for the early guilty plea, producing concurrent head sentences of 6 years, were within the range of sentencing discretion, and the sentence for the Mortdale matter was appropriate. However, given the applicant's youth, generally prior good record, strong character...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 March 2002
Procedural Posture
Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Extension of time and leave to appeal granted; appeal dismissed in respect of the s 51A document; appeal upheld in respect of the matters in the indictment; head sentences confirmed and non-parole period reduced.
Legal Topics
['armed Robbery' 'robbery Whilst Armed With an Offensive Weapon' 'assault With Intent to Rob Whilst Armed With a Dangerous Weapon' 'non Parole Period' 'subjective Features' 'plea of Guilty' 'parity']
['criminal Law' 'sentencing'] ['armed Robbery' 'robbery Whilst Armed With an Offensive Weapon' 'assault With Intent to Rob Whilst Armed With a Dangerous Weapon' 'non Parole Period' 'subjective Features' 'plea of Guilty' 'parity']

Source-derived case record

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave to appeal against sentence should be granted.' 'Whether the sentences imposed for armed robbery and related offences were within the range of sentencing discretion.' "Whether the non-parole period should have been further reduced having regard to the applicant's youth, prior good record, first time in gaol and prospects of rehabilitation." 'Whether the sentence for the Mortdale offence was appropriate.']

Ratio Decidendi

The 8 year starting point and 25 percent discount for the early guilty plea, producing concurrent head sentences of 6 years, were within the range of sentencing discretion, and the sentence for the Mortdale matter was appropriate. However, given the applicant's youth, generally prior good record, strong character references, first time in gaol and prospects of rehabilitation, a greater allowance should have been made in fixing the non-parole period, warranting reduction of the non-parole period to 3 years.

Court Disposition

Extension of time and leave to appeal granted; appeal dismissed in respect of the s 51A document; appeal upheld in respect of the matters in the indictment; head sentences confirmed and non-parole period reduced.

Orders

  • ['Grant an extension of time.' 'Grant leave to appeal.' 'In respect of the matter on the s 51A document, dismiss the appeal.' 'In respect of the matters in the indictment, uphold the appeal.' 'Confirm the head sentence of 6 years on each of the matters, to be served concurrently.' 'Quash the non-parole period and in...