Regina v Ramirez [1999] NSWCCA 52
The Court held that although the applicant’s subjective circumstances and lack of specialist gambling counselling were considered, the gravity of her criminal conduct warranted the sentences imposed. The absence of specialist counselling in prison was not sufficient to justify reduction in the minimum term, and the sentencing judge was within discretion.
- Parties
- Appellant: Aidelyn Ramirez; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 08 March 1999
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence
- Outcome
- leave to appeal refused
- Legal Topics
- Severity of Sentence, Fraudulent Misappropriation, Obtaining Property by Deception
Case Brief
Summary, issues, holding and outcome
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Parties
Aidelyn Ramirez
Appellant
Regina
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence
Legal Issues
- 1 Whether the sentencing judge erred in the exercise of sentencing discretion, particularly regarding subjective circumstances and lack of specialist counselling for gambling addiction
- 2 Whether minimum term should be reduced given objective criminality
Ratio Decidendi
The Court held that although the applicant’s subjective circumstances and lack of specialist gambling counselling were considered, the gravity of her criminal conduct warranted the sentences imposed. The absence of specialist counselling in prison was not sufficient to justify reduction in the minimum term, and the sentencing judge was within discretion.
Court Disposition
leave to appeal refused
Orders
- Application for leave to appeal against sentence refused.
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