Regina v Griffiths [2005] NSWCCA 184

Regina v Griffiths [2005] NSWCCA 184

By majority, although the manifest excess ground failed, the applicant had pleaded guilty at the earliest opportunity and the sentencing judge gave no explanation for a significant departure from the increasingly common practice of allowing offenders in that position a discount at the upper end of the guideline range. The Court therefore intervened to allow the appeal in part and reduce the sentence for aggravated breaking, entering and stealing.

Jurisdiction
Australia
Judgment Date
04 May 2005
Procedural Posture
Criminal Sentence Appeal (severity) / Application for Leave to Appeal Against Severity of Sentence in the New South Wales Court of Criminal Appeal
Outcome
By majority, application for leave to appeal granted and appeal allowed in part.
Legal Topics
['discount for Plea of Guilty at Earliest Opportunity' 'manifest Excess' 'aggravated Breaking, Entering and Stealing' 'resisting Arrest' 'standard Non Parole Period']
['criminal Law and Procedure' 'sentencing'] ['discount for Plea of Guilty at Earliest Opportunity' 'manifest Excess' 'aggravated Breaking, Entering and Stealing' 'resisting Arrest' 'standard Non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing judge allowed an inadequate discount for the applicant's guilty pleas entered at the earliest opportunity." 'Whether the sentences imposed for resisting arrest and aggravated breaking, entering and stealing were manifestly excessive.']

Ratio Decidendi

By majority, although the manifest excess ground failed, the applicant had pleaded guilty at the earliest opportunity and the sentencing judge gave no explanation for a significant departure from the increasingly common practice of allowing offenders in that position a discount at the upper end of the guideline range. The Court therefore intervened to allow the appeal in part and reduce the sentence for aggravated breaking, entering and stealing.

Court Disposition

By majority, application for leave to appeal granted and appeal allowed in part.

Orders

  • ['Application for leave to appeal granted.' 'Appeal allowed in part, and sentence imposed in the District Court for the offence of aggravated breaking, entering and stealing quashed, and in lieu thereof the applicant sentenced to imprisonment consisting of a non parole period of three years commencing on 9 October...