R. v Baker [1999] NSWCCA 150

R. v Baker [1999] NSWCCA 150

The sentencing judge's decision not to find special circumstances and not to give a greater additional term than one-third of the minimum term was a proper exercise of discretion according to settled principles. While quasi custody (time at Selah Farm) was argued, its omission did not render the sentence manifestly excessive or amount to error justifying intervention.

Jurisdiction
Australia
Judgment Date
11 June 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Judgment on Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'armed Robbery' 'special Circumstances' 'drug Addiction' 'rehabilitation' 'minimum and Additional Terms']
['criminal Law'] ['sentence Appeal' 'armed Robbery' 'special Circumstances' 'drug Addiction' 'rehabilitation' 'minimum and Additional Terms']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence; Judgment on Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in not finding special circumstances justifying a greater additional term under section 5(2) of the Sentencing Act 1989' 'Whether quasi custody (time spent at Selah Farm) should have been taken into account in sentencing' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentencing judge's decision not to find special circumstances and not to give a greater additional term than one-third of the minimum term was a proper exercise of discretion according to settled principles. While quasi custody (time at Selah Farm) was argued, its omission did not render the sentence manifestly excessive or amount to error justifying intervention.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal against sentence is granted.' 'Appeal is dismissed.']