REGINA v. GODDEN [2005] NSWCCA 160

REGINA v. GODDEN [2005] NSWCCA 160

The original sentence was manifestly excessive when compared to similar cases and insufficient consideration was given to personal circumstances and prospects of rehabilitation, warranting the sentence's reduction.

Parties
Applicant: Earl Robert Godden; Respondent: Regina (The Crown)
Jurisdiction
Australia
Judgment Date
29 April 2005
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
appeal allowed; sentence set aside and applicant re-sentenced
Legal Topics
Sentencing, Cultivation of Prohibited Plant, Severity of Sentence, Personal or Subjective Factors
Criminal Law Sentencing Cultivation of Prohibited Plant Severity of Sentence Personal or Subjective Factors

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Parties

Earl Robert Godden

Applicant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 whether the sentence was manifestly excessive
  2. 2 whether alternatives to custodial sentence were considered
  3. 3 assessment of personal and subjective factors, including rehabilitation and remorse

Ratio Decidendi

The original sentence was manifestly excessive when compared to similar cases and insufficient consideration was given to personal circumstances and prospects of rehabilitation, warranting the sentence's reduction.

Court Disposition

appeal allowed; sentence set aside and applicant re-sentenced

Orders

  • Application for leave to appeal against sentence granted.
  • Appeal allowed and sentence imposed in the District Court quashed.