Regina v Darren ARMSTRONG [2000] NSWCCA 16

Regina v Darren ARMSTRONG [2000] NSWCCA 16

Even if the sentencing judge had erred in the treatment of the Cartwright aspect, the applicant's drug dependency and the contents of MFI 1, balanced with his serious antecedents and the objective seriousness of armed robbery with a syringe, could not justify a conclusion that a lesser sentence was warranted in law. The sentence of penal servitude for six years was not disturbed.

Jurisdiction
Australia
Judgment Date
05 May 2008
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['armed Robbery' 'offensive Weapon' 'cartwright Sentencing Discount' 'drug Dependency' 'statutory Maximum Penalty' 'proportionality in Sentencing']
['criminal Law' 'sentencing' 'criminal Appeals'] ['armed Robbery' 'offensive Weapon' 'cartwright Sentencing Discount' 'drug Dependency' 'statutory Maximum Penalty' 'proportionality in Sentencing']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge failed to consider, or failed to give proper weight to, the material marked MFI 1 and the associated Cartwright principle.' "Whether a lesser sentence was warranted in law for armed robbery while armed with an offensive weapon in light of the applicant's drug dependency, guilty plea, contrition, criminal antecedents and the contents of MFI 1."]

Ratio Decidendi

Even if the sentencing judge had erred in the treatment of the Cartwright aspect, the applicant's drug dependency and the contents of MFI 1, balanced with his serious antecedents and the objective seriousness of armed robbery with a syringe, could not justify a conclusion that a lesser sentence was warranted in law. The sentence of penal servitude for six years was not disturbed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['That the application for leave to appeal be granted.' 'That the appeal be dismissed.' 'That the Registrar of the Court be directed to communicate to the Commissioner of Corrective Services promptly the strong recommendation of the Court that the applicant, in whatsoever particular custody he may be held from time...