REGINA v. SNOWSILL [2002] NSWCCA 157

REGINA v. SNOWSILL [2002] NSWCCA 157

The sentencing judge considered the mitigating matters, the plea, contrition, lack of planning, lack of injury, the applicant's drug difficulties, his prior record, the circumstances of the offence, and the Form 1 matters, and did not fall into legal error. No lesser sentence was warranted in law or should have been imposed, so the severity appeal failed.

Jurisdiction
Australia
Judgment Date
06 May 2002
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From District Court Sentence
Outcome
Application for leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['detain for Advantage Under S.90 a of the Crimes Act 1900' 'severity Appeal' 'form 1 Matters' 'use of Sentencing Statistics and Comparable Cases' 'non Parole Period']
['criminal Law' 'sentencing' 'criminal Appeals'] ['detain for Advantage Under S.90 a of the Crimes Act 1900' 'severity Appeal' 'form 1 Matters' 'use of Sentencing Statistics and Comparable Cases' 'non Parole Period']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Appeal From District Court Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge fell into legal error or error of principle in sentencing the applicant for detain for advantage.' 'Whether the sentence of four years imprisonment with a non-parole period of two years was excessive.' 'Whether sentencing statistics or comparisons with other s.90A cases showed error or excess.' "Whether mitigating features reduced the applicant's objective culpability."]

Ratio Decidendi

The sentencing judge considered the mitigating matters, the plea, contrition, lack of planning, lack of injury, the applicant's drug difficulties, his prior record, the circumstances of the offence, and the Form 1 matters, and did not fall into legal error. No lesser sentence was warranted in law or should have been imposed, so the severity appeal failed.

Court Disposition

Application for leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Application for leave to appeal against sentence granted.' 'Appeal dismissed.']