Regina v Lestrange [2001] NSWCCA 25

Regina v Lestrange [2001] NSWCCA 25

The sentencing judge made a very significant allowance for the applicant's serious health condition and disabilities, medical treatment in custody was a matter for prison authorities, the applicant's position was not comparable with the co-offender for parity purposes, the sentences were not manifestly excessive in light of the seriousness and number of offences, the Form 1 matters, the applicant's record and offending while on bail, and no error was shown in refusing to find special circumstances.

Jurisdiction
Australia
Judgment Date
14 February 2001
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['robbery While in Company' 'aggravated Robbery' 'manifestly Excessive Sentence' 'ill Health and Disability in Sentencing' 'parity Principle' 'special Circumstances' 'prison Medical Treatment']
['criminal Law' 'sentencing'] ['robbery While in Company' 'aggravated Robbery' 'manifestly Excessive Sentence' 'ill Health and Disability in Sentencing' 'parity Principle' 'special Circumstances' 'prison Medical Treatment']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing judge failed to take into account, or give sufficient weight to, the applicant's mental and physical disabilities arising from a stroke." 'Whether dissatisfaction with medical treatment in custody warranted intervention by the Court.' 'Whether the sentence offended the parity principle by comparison with co-offender Lario Ratuvou.' 'Whether the overall sentence was manifestly excessive.' 'Whether the sentencing judge erred by failing to find special circumstances.']

Ratio Decidendi

The sentencing judge made a very significant allowance for the applicant's serious health condition and disabilities, medical treatment in custody was a matter for prison authorities, the applicant's position was not comparable with the co-offender for parity purposes, the sentences were not manifestly excessive in light of the seriousness and number of offences, the Form 1 matters, the applicant's record and offending while on bail, and no error was shown in refusing to find special circumstances.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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