R v Ferrada [2003] NSWCCA 387

R v Ferrada [2003] NSWCCA 387

Although there may have been substance in the submission that the sentence on the third count implied a very high starting point, the total effective sentence of eleven years' imprisonment with a non-parole period of seven years was not outside the range of the sentencing judge's discretion when the total criminality, prior serious offending, need for deterrence, offending on bail, guilty pleas, contrition and assistance were considered.

Jurisdiction
Australia
Judgment Date
18 December 2003
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['totality' 'guilty Plea Discount' 'assistance to Authorities' 'contrition' 'armed Robbery' 'offences Committed on Bail' 'sentencing Statistics' 'personal Deterrence' 'general Deterrence']
['criminal Law' 'sentencing'] ['totality' 'guilty Plea Discount' 'assistance to Authorities' 'contrition' 'armed Robbery' 'offences Committed on Bail' 'sentencing Statistics' 'personal Deterrence' 'general Deterrence']

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether the total effective sentence of eleven years' imprisonment with a non-parole period of seven years was outside the proper range of sentencing discretion." 'Whether the sentencing judge erred by failing to identify starting-point sentences or quantify the discount allowed.' "Whether the sentencing judge failed adequately to discount the sentences for early guilty pleas, contrition, assistance to authorities and the applicant's voluntary admission to the Big River Credit Union robbery." 'Whether the sentencing judge properly applied the principle of totality to the three offences and two matters taken into account.']

Ratio Decidendi

Although there may have been substance in the submission that the sentence on the third count implied a very high starting point, the total effective sentence of eleven years' imprisonment with a non-parole period of seven years was not outside the range of the sentencing judge's discretion when the total criminality, prior serious offending, need for deterrence, offending on bail, guilty pleas, contrition and assistance were considered.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']