R v BARRE [2002] NSWCCA 432

R v BARRE [2002] NSWCCA 432

Although the Respondent's assistance could properly be described as substantial and general deterrence supported a more severe sentence, his unusually favourable subjective circumstances, first incident of criminality and finding that he was to a large extent overborne meant that a non-custodial order was within the legitimate exercise of the sentencing judge's discretion and was not shown to be manifestly inadequate.

Jurisdiction
Australia
Judgment Date
11 November 2002
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal
Outcome
Appeal dismissed
Legal Topics
['accessory Before the Fact to Armed Robbery' 'crown Appeal Against Sentence' 'manifest Inadequacy' 'good Behaviour Bond' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['accessory Before the Fact to Armed Robbery' 'crown Appeal Against Sentence' 'manifest Inadequacy' 'good Behaviour Bond' 'guilty Plea Discount']

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Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for being an accessory before the fact to armed robbery was manifestly inadequate.' "Whether the sentencing judge gave too much weight to the Respondent's subjective circumstances at the expense of the objective seriousness of the offence." "Whether the Respondent's assistance in the armed robbery was properly characterised as relatively minor or substantial."]

Ratio Decidendi

Although the Respondent's assistance could properly be described as substantial and general deterrence supported a more severe sentence, his unusually favourable subjective circumstances, first incident of criminality and finding that he was to a large extent overborne meant that a non-custodial order was within the legitimate exercise of the sentencing judge's discretion and was not shown to be manifestly inadequate.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']