R v SMITH [2000] NSWCCA 178

R v SMITH [2000] NSWCCA 178

Given the applicant's three armed robbery offences, the additional offences for sentence or taken into account, and his criminal history, even accepting the bottom of the R v Henry range, a sentence of six years with a minimum term of four years was not manifestly excessive; leave was granted because of the sentence duration, but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
01 May 2000
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['armed Robbery' 'assault With Intent to Rob While Armed' 'stealing a Motor Vehicle' 'form 1 Offences' 'totality Principle' 'guideline Judgment' 'manifest Excess' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing' 'criminal Procedure'] ['armed Robbery' 'assault With Intent to Rob While Armed' 'stealing a Motor Vehicle' 'form 1 Offences' 'totality Principle' 'guideline Judgment' 'manifest Excess' 'leave to Appeal Against Sentence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether leave to appeal against sentence should be granted having regard to the duration of the sentence imposed.' 'Whether the sentence of six years with a minimum term of four years was manifestly excessive.' 'Whether the sentencing guideline in R v Henry could be applied where it was handed down after the commission of the offences.']

Ratio Decidendi

Given the applicant's three armed robbery offences, the additional offences for sentence or taken into account, and his criminal history, even accepting the bottom of the R v Henry range, a sentence of six years with a minimum term of four years was not manifestly excessive; leave was granted because of the sentence duration, but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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