REGINA v BATTIATO [1999] NSWCCA 44

REGINA v BATTIATO [1999] NSWCCA 44

The absence of sufficient recognition of the applicant's cooperation in the sentencing proceedings was a material error, justifying intervention and resentencing, albeit the offending was serious and the original sentences were already lenient.

Parties
Applicant: Anna Rosa Battiato; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
08 March 1999
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
Appeal granted
Legal Topics
Sentencing, Obtaining Financial Advantage by Deception, Cooperation With Authorities
Criminal Law Sentencing Obtaining Financial Advantage by Deception Cooperation With Authorities

Case Brief

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Parties

Anna Rosa Battiato

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge failed to give sufficient weight to the applicant's cooperation with authorities
  2. 2 Whether the sentence should be reduced in light of additional evidence of assistance

Ratio Decidendi

The absence of sufficient recognition of the applicant's cooperation in the sentencing proceedings was a material error, justifying intervention and resentencing, albeit the offending was serious and the original sentences were already lenient.

Court Disposition

Appeal granted

Orders

  • Leave to appeal granted
  • Sentences quashed