Regina v RUTTER [2003] NSWCCA 306

Regina v RUTTER [2003] NSWCCA 306

Leave was granted because the applicant raised arguable points, but the appeal was dismissed because the sentencing judge adequately considered the psychological evidence by finding special circumstances and varying the non-parole period, the evidence did not establish a mental disorder requiring reduced weight to general deterrence for this serious armed home invasion, the challenged factual findings were reasonably open, and any disparity between the applicant's sentence and Tolmie's sentence was explained by differences in criminality, subjective circumstances, prison conditions, health and prospects of rehabilitation and did not create an objectively justifiable sense of grievance.

Jurisdiction
Australia
Judgment Date
26 October 2003
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['parity Between Co Offenders' 'justifiable Sense of Grievance' 'general Deterrence and Mental Disorder' 'break, Enter and Steal' 'armed Home Invasion' 'special Circumstances and Non Parole Period']
['criminal Law' 'sentencing'] ['parity Between Co Offenders' 'justifiable Sense of Grievance' 'general Deterrence and Mental Disorder' 'break, Enter and Steal' 'armed Home Invasion' 'special Circumstances and Non Parole Period']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing judge gave insufficient weight to the applicant's mental state and should have reduced the weight given to general deterrence." 'Whether findings of fact adverse to the applicant were reasonably open on the evidence.' 'Whether the sentence imposed on the applicant gave rise to a justified sense of grievance because of disparity with the sentence imposed on co-offender Donald Tolmie.' 'Whether the sentence was excessive or otherwise involved error.']

Ratio Decidendi

Leave was granted because the applicant raised arguable points, but the appeal was dismissed because the sentencing judge adequately considered the psychological evidence by finding special circumstances and varying the non-parole period, the evidence did not establish a mental disorder requiring reduced weight to general deterrence for this serious armed home invasion, the challenged factual findings were reasonably open, and any disparity between the applicant's sentence and Tolmie's sentence was explained by differences in criminality, subjective circumstances, prison conditions, health and prospects of rehabilitation and did not create an objectively justifiable sense of grievance.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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