R v MASTERS [2000] NSWCCA 146

R v MASTERS [2000] NSWCCA 146

The sentences were not excessive or shown to be erroneous given the maximum penalties of 14 years and 12 years, the seriousness of the offences including the Form 1 matters, and the applicant's serious prior criminal record. Although the sentencing judge's direction that the applicant be admitted to parole at the expiration of the minimum term appeared beyond power, it was not disadvantageous to the applicant and did not warrant appellate intervention on her application.

Jurisdiction
Australia
Judgment Date
10 April 2000
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal to the Court of Criminal Appeal From Sentences Imposed in the District Court After Guilty Pleas
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break, Enter and Steal' 'using an Offensive Weapon to Prevent Apprehension' 'form 1 Matters' 'sentence Appeal' 'parole Direction']
['criminal Law' 'sentencing' 'criminal Procedure'] ['break, Enter and Steal' 'using an Offensive Weapon to Prevent Apprehension' 'form 1 Matters' 'sentence Appeal' 'parole Direction']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal to the Court of Criminal Appeal From Sentences Imposed in the District Court After Guilty Pleas

Legal Issues

  1. 1 ['Whether leave to appeal against sentence should be granted.' 'Whether the sentences imposed were excessive or otherwise erroneous.' "Whether the sentencing judge's parole direction affected the appropriate appellate order."]

Ratio Decidendi

The sentences were not excessive or shown to be erroneous given the maximum penalties of 14 years and 12 years, the seriousness of the offences including the Form 1 matters, and the applicant's serious prior criminal record. Although the sentencing judge's direction that the applicant be admitted to parole at the expiration of the minimum term appeared beyond power, it was not disadvantageous to the applicant and did not warrant appellate intervention on her application.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['The application for leave to appeal is allowed.' 'The appeal is dismissed.']