R v Hayes [2001] NSWCCA 358

R v Hayes [2001] NSWCCA 358

The sentencing judge's allowance of a 10 per cent discount for the plea of guilty was not appellable error in the circumstances, nor was the sentence disproportionate considering the gravity of the offence, even accounting for protective custody.

Parties
Respondent: Regina; Applicant: Gregory Peter Hayes
Jurisdiction
Australia
Judgment Date
12 September 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Application for leave to appeal allowed; appeal dismissed.
Legal Topics
Sentencing, Discount for Plea of Guilty, Protective Custody, Malicious Wounding
Criminal Law Sentencing Discount for Plea of Guilty Protective Custody Malicious Wounding

Case Brief

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Parties

Regina

Respondent

Gregory Peter Hayes

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether sufficient allowance was made for the plea of guilty in sentencing
  2. 2 Whether the sentence was manifestly excessive given it will be served in protective custody

Ratio Decidendi

The sentencing judge's allowance of a 10 per cent discount for the plea of guilty was not appellable error in the circumstances, nor was the sentence disproportionate considering the gravity of the offence, even accounting for protective custody.

Court Disposition

Application for leave to appeal allowed; appeal dismissed.

Orders

  • Application for leave to appeal granted.
  • Appeal dismissed; original sentence stands.