R v DF [2005] NSWCCA 259

R v DF [2005] NSWCCA 259

The sentences imposed require correction to comply with s 44 of the Crimes (Sentencing Procedure) Act 1999, but there was no error in not quantifying the discount for plea or in the weight given to remorse, rehabilitation, or subjective factors. The sentences were not manifestly excessive. Leave to appeal granted and appeals allowed to correct the sentences' form.

Parties
Applicant: DF; Respondent: Regina
Jurisdiction
Australia
Judgment Date
22 July 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part, sentences corrected to conform with statutory requirements.
Legal Topics
Sentence Appeal, Severity of Sentence, Youth Justice, Rehabilitation, Discount for Guilty Plea, Manifest Excess, Special Circumstances
Criminal Law Sentence Appeal Severity of Sentence Youth Justice Rehabilitation Discount for Guilty Plea Manifest Excess Special Circumstances

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Parties

DF

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to allow a discount for the utilitarian value of the early plea
  2. 2 Whether the sentencing judge failed to give sufficient weight to the applicant's remorse and contrition
  3. 3 Whether the sentencing judge failed to give sufficient weight to rehabilitation and participation in drug programs

Ratio Decidendi

The sentences imposed require correction to comply with s 44 of the Crimes (Sentencing Procedure) Act 1999, but there was no error in not quantifying the discount for plea or in the weight given to remorse, rehabilitation, or subjective factors. The sentences were not manifestly excessive. Leave to appeal granted and appeals allowed to correct the sentences' form.

Court Disposition

Appeal allowed in part, sentences corrected to conform with statutory requirements.

Orders

  • Leave to appeal granted.
  • Appeals allowed only to the extent of correcting the sentences imposed so they conform with s 44 of the Crimes (Sentencing Procedure) Act 1999.