R v Billy TRAD [2003] NSWCCA 213

R v Billy TRAD [2003] NSWCCA 213

The sentencing Judge erred to the extent that irrelevant matters, including the strength of the Crown case and delay in sentencing, were taken into account when assessing the utilitarian discount for the guilty pleas. However, having regard to the timing of the pleas and the disruption and inconvenience caused by the applicant's absconding, a discount of 10 to 15 per cent was appropriate. The individual sentences, total term of twelve years and non-parole period of eight years were warranted and not manifestly excessive given the objective seriousness of the armed robberies.

Jurisdiction
Australia
Judgment Date
31 July 2003
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['guilty Plea' 'utilitarian Discount' 'strength of Crown Case' 'armed Robbery' 'manifest Excess']
['criminal Law' 'sentencing'] ['guilty Plea' 'utilitarian Discount' 'strength of Crown Case' 'armed Robbery' 'manifest Excess']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing Judge took irrelevant material into account in determining the discount for the applicant's pleas of guilty." 'Whether the aggregate sentence imposed was manifestly excessive.']

Ratio Decidendi

The sentencing Judge erred to the extent that irrelevant matters, including the strength of the Crown case and delay in sentencing, were taken into account when assessing the utilitarian discount for the guilty pleas. However, having regard to the timing of the pleas and the disruption and inconvenience caused by the applicant's absconding, a discount of 10 to 15 per cent was appropriate. The individual sentences, total term of twelve years and non-parole period of eight years were warranted and not manifestly excessive given the objective seriousness of the armed robberies.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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