REGINA v. HENRY [2001] NSWCCA 521

REGINA v. HENRY [2001] NSWCCA 521

No legal error in the exercise of sentencing discretion was demonstrated. The sentence imposed, including the non-parole period, was within the permissible lawful range, and the trial judge properly considered discounting for the early plea and rehabilitation.

Jurisdiction
Australia
Judgment Date
12 December 2001
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal' 'sentence' 'robbery' 'discount for Early Plea']
['criminal Law'] ['appeal' 'sentence' 'robbery' 'discount for Early Plea']

Case Brief

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Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in sentencing, particularly regarding the discount for an early guilty plea and the application of Regina v. Henry principles']

Ratio Decidendi

No legal error in the exercise of sentencing discretion was demonstrated. The sentence imposed, including the non-parole period, was within the permissible lawful range, and the trial judge properly considered discounting for the early plea and rehabilitation.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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