Raad v R [2015] NSWCCA 276

Raad v R [2015] NSWCCA 276

The sentencing judge did take into account and apply the discount for the applicant's early plea of guilty as evidenced by exchanges between counsel and judge during the sentence hearing, bringing the starting point sentence down by 25%. There was no error requiring appellate intervention.

Jurisdiction
Australia
Judgment Date
04 November 2015
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'plea Discount' 'firing Firearm at Dwelling' 'reckless Disregard for Safety']
['criminal Law'] ['sentencing' 'plea Discount' 'firing Firearm at Dwelling' 'reckless Disregard for Safety']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give consideration to and reflect in the sentence and non-parole period the applicant's early plea of guilty under section 21A(3)(k) and section 22 of the Crimes (Sentencing Procedure) Act 1999"]

Ratio Decidendi

The sentencing judge did take into account and apply the discount for the applicant's early plea of guilty as evidenced by exchanges between counsel and judge during the sentence hearing, bringing the starting point sentence down by 25%. There was no error requiring appellate intervention.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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