Regina v GARNER [2004] NSWCCA 343

Regina v GARNER [2004] NSWCCA 343

Although the applicant was suffering from depression that affected his judgment, he was able to consider his problems, make plans and put them into effect: he consciously decided to rob, obtained a knife and gloves, selected the shops, concealed his distinctive green hair, and tried to escape after the second robbery. The sentencing judge was entitled to find that the illness did not remove the need for general and personal deterrence, and the sentences appropriately recognised the mitigating effect of the illness and were within the proper range of sentencing discretion.

Jurisdiction
Australia
Judgment Date
01 October 2004
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Leave to Appeal Granted; Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['armed Robbery' 'use of Offensive Weapon' 'mental Illness and Sentencing' 'general Deterrence' 'personal Deterrence' 'guideline Sentences' 'offences Taken Into Account on Sentence']
['criminal Law' 'sentencing' 'criminal Procedure'] ['armed Robbery' 'use of Offensive Weapon' 'mental Illness and Sentencing' 'general Deterrence' 'personal Deterrence' 'guideline Sentences' 'offences Taken Into Account on Sentence']

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Leave to Appeal Granted; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the total effective sentence imposed for two armed robberies was excessive in all the circumstances.' "Whether the sentencing judge failed to properly assess and give appropriate weight to evidence bearing on the applicant's mental condition at the time of the offences." 'Whether exceptional circumstances justified a greater departure from the guideline sentence in R v Henry [1999] NSW CCA 111 (1999) 46 NSWLR 346.']

Ratio Decidendi

Although the applicant was suffering from depression that affected his judgment, he was able to consider his problems, make plans and put them into effect: he consciously decided to rob, obtained a knife and gloves, selected the shops, concealed his distinctive green hair, and tried to escape after the second robbery. The sentencing judge was entitled to find that the illness did not remove the need for general and personal deterrence, and the sentences appropriately recognised the mitigating effect of the illness and were within the proper range of sentencing discretion.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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