Regina v Cross [2002] NSWCCA 172

Regina v Cross [2002] NSWCCA 172

The sentence imposed was in excess of what was appropriate for an attempted robbery; errors were made in sentencing for the wrong offence, misapplication of the guideline judgment for completed offences, and enlarging the sentence for parole purposes; rehabilitation and special circumstances warrant re-sentencing.

Parties
Applicant: Edward Morgan Cross; Respondent: Regina
Jurisdiction
Australia
Judgment Date
15 May 2002
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Application for Extension of Time; Leave to Appeal
Outcome
Appeal allowed in part; original sentence quashed; new sentence imposed
Legal Topics
Appeal, Sentencing, Attempted Robbery, Drug Addiction, Rehabilitation, Parole
Criminal Law Appeal Sentencing Attempted Robbery Drug Addiction Rehabilitation Parole

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Parties

Edward Morgan Cross

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Application for Extension of Time; Leave to Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred by imposing sentence for the wrong offence
  2. 2 Whether the guideline judgment in Regina v Henry was misapplied
  3. 3 Whether the term of the sentence was inappropriately enlarged for parole purposes

Ratio Decidendi

The sentence imposed was in excess of what was appropriate for an attempted robbery; errors were made in sentencing for the wrong offence, misapplication of the guideline judgment for completed offences, and enlarging the sentence for parole purposes; rehabilitation and special circumstances warrant re-sentencing.

Court Disposition

Appeal allowed in part; original sentence quashed; new sentence imposed

Orders

  • Extension of time to apply for leave to appeal granted.
  • Leave to appeal against severity of sentence for attempted armed robbery granted, otherwise dismissed.