COOK v REGINA [2010] NSWCCA 191

COOK v REGINA [2010] NSWCCA 191

The sentencing judge did assess the objective seriousness of the offence: the agreed facts were straightforward, the seriousness of the armed robbery was self-evident, the judge addressed the matters raised and no relevant matter was shown to have been overlooked. Having regard to the objective seriousness of the offence, the maximum penalties, the Form 1 matter, the applicant's antecedents, the plea of guilty, and the mitigating and aggravating factors, the head sentence and non-parole period were within the sentencing discretion and were not manifestly excessive.

Jurisdiction
Australia
Judgment Date
27 August 2010
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal to the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['robbery With a Dangerous Weapon' 'objective Seriousness' 'manifest Excess' 'aggravating and Mitigating Factors' 'form 1 Offences' 'use of Sentencing Statistics']
['criminal Law' 'sentencing' 'criminal Appeals'] ['robbery With a Dangerous Weapon' 'objective Seriousness' 'manifest Excess' 'aggravating and Mitigating Factors' 'form 1 Offences' 'use of Sentencing Statistics']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal to the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge failed to properly assess the objective seriousness of the offence.' 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

The sentencing judge did assess the objective seriousness of the offence: the agreed facts were straightforward, the seriousness of the armed robbery was self-evident, the judge addressed the matters raised and no relevant matter was shown to have been overlooked. Having regard to the objective seriousness of the offence, the maximum penalties, the Form 1 matter, the applicant's antecedents, the plea of guilty, and the mitigating and aggravating factors, the head sentence and non-parole period were within the sentencing discretion and were not manifestly excessive.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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