R v Bottin [2005] NSWCCA 254

R v Bottin [2005] NSWCCA 254

Although the sentencing judge misstated the maximum penalty for the armed robbery offence and a Tasmanian record not relating to the applicant was placed before the judge, there was no miscarriage of justice in the structure or outcome of the sentences imposed. The total sentence, including the non-parole and parole periods, was appropriate and not manifestly excessive, and due regard was given to the applicant's mental illness.

Parties
Crown: Regina; Applicant: Craig William Bottin
Jurisdiction
Australia
Judgment Date
25 July 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Armed Robbery, Sentencing, Concurrent and Cumulative Sentences, Mental Illness in Sentencing, Misattribution of Criminal History, Maximum Penalty Error
Criminal Law Armed Robbery Sentencing Concurrent and Cumulative Sentences Mental Illness in Sentencing Misattribution of Criminal History Maximum Penalty Error

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Parties

Regina

Crown

Craig William Bottin

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to properly consider the applicant's psychiatric condition at the time of the offence
  2. 2 Whether the sentences imposed were manifestly excessive
  3. 3 Whether the sentencing judge erred regarding the applicable maximum penalty for the offence

Ratio Decidendi

Although the sentencing judge misstated the maximum penalty for the armed robbery offence and a Tasmanian record not relating to the applicant was placed before the judge, there was no miscarriage of justice in the structure or outcome of the sentences imposed. The total sentence, including the non-parole and parole periods, was appropriate and not manifestly excessive, and due regard was given to the applicant's mental illness.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.