Benjamin Daniel SULLIVAN v R, Andrew James SKILLIN v R [2008] NSWCCA 296
The sentencing judge's application of a 15% discount for guilty plea was appropriate due to the late timing; the sentences imposed were not manifestly excessive given the seriousness, organisation, and duration of the offences; delay before trial did not evidence relevant detriment to warrant mitigation; therefore, leave to appeal is granted but the appeals are dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 11 December 2008
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- leave to appeal granted; appeals dismissed
- Legal Topics
- ['appeal Against Sentence' 'disposal of Stolen Goods' 'vehicle Re Birthing' 'discount for Plea' 'manifestly Excessive Sentence' 'delay Before Trial']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 ['Whether the sentencing judge gave sufficient discount for early guilty plea' 'Whether the sentence for the offences was manifestly excessive' 'Effect of delay before trial on sentence']
Ratio Decidendi
The sentencing judge's application of a 15% discount for guilty plea was appropriate due to the late timing; the sentences imposed were not manifestly excessive given the seriousness, organisation, and duration of the offences; delay before trial did not evidence relevant detriment to warrant mitigation; therefore, leave to appeal is granted but the appeals are dismissed.
Court Disposition
leave to appeal granted; appeals dismissed
Orders
- ['Leave to appeal against sentence granted to both applicants' 'Appeals dismissed; sentences affirmed']
Full Case Text
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