Hart v R [2013] NSWCCA 13

Hart v R [2013] NSWCCA 13

The sentencing judge did not make a finding that the applicant had poor rehabilitation prospects, and the totality of the evidence fell far short of proving that the applicant had good prospects of rehabilitation. The ground of appeal was not made out.

Jurisdiction
Australia
Judgment Date
11 February 2013
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['robbery Whilst Armed With a Dangerous Weapon' 'prospects of Rehabilitation' 'likelihood of Re Offending' 'guilty Plea Discount' 'form 1 Offence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['robbery Whilst Armed With a Dangerous Weapon' 'prospects of Rehabilitation' 'likelihood of Re Offending' 'guilty Plea Discount' 'form 1 Offence']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing judge failed to have any or proper regard to the applicant being unlikely to re-offend and having good prospects of rehabilitation.' 'Whether the evidence established that the applicant had good prospects of rehabilitation or was unlikely to re-offend.' 'Whether the sentencing judge impermissibly concluded that the applicant had poor rehabilitation prospects.']

Ratio Decidendi

The sentencing judge did not make a finding that the applicant had poor rehabilitation prospects, and the totality of the evidence fell far short of proving that the applicant had good prospects of rehabilitation. The ground of appeal was not made out.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

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