REGINA v. WILSON; REGINA v. MURPHY [2004] NSWCCA 94

REGINA v. WILSON; REGINA v. MURPHY [2004] NSWCCA 94

Although each head sentence of three years and six months was substantial and the offending involved no violence, the sentencing judge considered the early guilty pleas, objective seriousness, prior records, deterrence, deprived backgrounds, substance abuse, rehabilitation prospects, special circumstances and the Fernando principles. The sentences did not exceed the permissible bounds of the sentencing discretion, and no error warranting appellate intervention was shown.

Jurisdiction
Australia
Judgment Date
06 April 2004
Procedural Posture
Criminal Sentence Appeal / Applications for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
In each case, application for leave to appeal allowed; appeal dismissed.
Legal Topics
['sentence Appeal' 'manifest Excess' 'steal From the Person' 'guilty Plea' 'special Circumstances' 'rehabilitation' 'deterrence']
['criminal Law'] ['sentence Appeal' 'manifest Excess' 'steal From the Person' 'guilty Plea' 'special Circumstances' 'rehabilitation' 'deterrence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Applications for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentence imposed on Sharon Lee Murphy for steal from the person was excessive.' 'Whether the sentence imposed on Frank Malcolm Wilson for steal from the person was excessive.' "Whether the sentencing judge erred in assessing the objective seriousness of the offending, the applicants' subjective circumstances, and the relevance of the Local Court's possible jurisdiction."]

Ratio Decidendi

Although each head sentence of three years and six months was substantial and the offending involved no violence, the sentencing judge considered the early guilty pleas, objective seriousness, prior records, deterrence, deprived backgrounds, substance abuse, rehabilitation prospects, special circumstances and the Fernando principles. The sentences did not exceed the permissible bounds of the sentencing discretion, and no error warranting appellate intervention was shown.

Court Disposition

In each case, application for leave to appeal allowed; appeal dismissed.

Orders

  • ['Application for leave to appeal allowed in each case.' 'Appeal dismissed in each case.']