R v Daniel Stephen Lewis [2004] NSWCCA 383

R v Daniel Stephen Lewis [2004] NSWCCA 383

The sentence imposed was not manifestly excessive and was within the broad discretionary range available to the sentencing judge, who properly applied relevant guideline judgments and made appropriate allowances for mitigating factors. None of the asserted sentencing errors warranted intervention by the appellate court.

Jurisdiction
Australia
Judgment Date
05 November 2004
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Judgment on Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'robbery in Company' 'guideline Judgment' 'manifestly Excessive Sentence']
['criminal Law'] ['sentencing' 'robbery in Company' 'guideline Judgment' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Judgment on Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for robbery in company was manifestly excessive' 'Applicability of guideline judgment in R v Henry to robbery in company' 'Whether sufficient consideration was given to duress and impaired judgment' 'Whether sentencing judge erred in assessing prospects of rehabilitation and prior good character']

Ratio Decidendi

The sentence imposed was not manifestly excessive and was within the broad discretionary range available to the sentencing judge, who properly applied relevant guideline judgments and made appropriate allowances for mitigating factors. None of the asserted sentencing errors warranted intervention by the appellate court.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal against sentence granted' 'Appeal dismissed; original sentence stands']