Regina v Ribeiro [2005] NSWCCA 10

Regina v Ribeiro [2005] NSWCCA 10

No sentencing error was shown. The sentencing judge had considered the applicant's subjective circumstances, the ten-year starting point reflected the criminality of the offences, and the discounts of two years for early pleas of guilty and three years for s 23 matters were within the range of a sound exercise of discretion. The effective sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
01 February 2005
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['multiple Offences' 'discounts for Early Pleas' 'assistance to Authorities' 'manifest Excess']
['criminal Law and Procedure' 'sentencing'] ['multiple Offences' 'discounts for Early Pleas' 'assistance to Authorities' 'manifest Excess']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing a starting point of ten years imprisonment.' 'Whether the sentencing judge failed to take subjective matters into account when assessing the appropriate sentence.' 'Whether the discounts for early pleas of guilty and matters under s 23 of the Crimes (Sentencing Procedure) Act 1999 were insufficient.' 'Whether the effective sentence of five years imprisonment with a non-parole period of three years was manifestly excessive.']

Ratio Decidendi

No sentencing error was shown. The sentencing judge had considered the applicant's subjective circumstances, the ten-year starting point reflected the criminality of the offences, and the discounts of two years for early pleas of guilty and three years for s 23 matters were within the range of a sound exercise of discretion. The effective sentence was not manifestly excessive.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal granted.' 'Appeal dismissed.']