R v Newell [2004] NSWCCA 183

R v Newell [2004] NSWCCA 183

No appealable error was shown in the sentencing judge's exercise of discretion. The 20% discount for the early guilty plea was open, the finding that the kidnapping offence was at least of middle range seriousness was open on the agreed facts, voluntary ingestion of a prohibited drug did not mitigate the serious criminal conduct, and the concurrent 18 month sentence for possession of the baton was not excessive. The sentences were not manifestly excessive.

Jurisdiction
Australia
Judgment Date
11 June 2004
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
['kidnapping' 'possession of a Prohibited Weapon' 'manifestly Excessive Sentence' 'guilty Plea Discount' 'contrition' 'objective Seriousness' 'voluntary Ingestion of Prohibited Drugs']
['criminal Law' 'criminal Procedure' 'sentencing'] ['kidnapping' 'possession of a Prohibited Weapon' 'manifestly Excessive Sentence' 'guilty Plea Discount' 'contrition' 'objective Seriousness' 'voluntary Ingestion of Prohibited Drugs']

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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 erred in calculating the discount for the applicant's guilty plea and asserted contrition at 20%." 'Whether the sentencing judge erred in assessing the kidnapping offence as being at least in the middle range of seriousness for offences under s 86(2)(b) of the Crimes Act.' 'Whether the sentences imposed for kidnapping and possession of a prohibited weapon were manifestly excessive.']

Ratio Decidendi

No appealable error was shown in the sentencing judge's exercise of discretion. The 20% discount for the early guilty plea was open, the finding that the kidnapping offence was at least of middle range seriousness was open on the agreed facts, voluntary ingestion of a prohibited drug did not mitigate the serious criminal conduct, and the concurrent 18 month sentence for possession of the baton was not excessive. The sentences were not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted but the appeal is dismissed.']