Tynan v R [2014] NSWCCA 75

Tynan v R [2014] NSWCCA 75

Although the sentencing judge made some errors in describing and comparing the Henry typical case, the sentences imposed for two armed robberies, after taking account of the objective seriousness and the applicant's mitigating subjective features, were unremarkable; no lesser sentence was warranted, and the proposed appeal was lacking in merit.

Jurisdiction
Australia
Judgment Date
07 May 2014
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Application for Leave to Appeal Against Severity of Sentences Imposed in the District Court at Parramatta
Outcome
Leave to appeal refused
Legal Topics
['armed Robbery' 'guideline Judgment' 'severity Appeal' 'guilty Plea Discount' 'concurrency and Accumulation']
['criminal Law' 'sentencing' 'criminal Appeals'] ['armed Robbery' 'guideline Judgment' 'severity Appeal' 'guilty Plea Discount' 'concurrency and Accumulation']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Application for Leave to Appeal Against Severity of Sentences Imposed in the District Court at Parramatta

Legal Issues

  1. 1 ['Whether the sentencing judge erred in the manner in which he applied or apprehended the guideline in R v Henry [1999] NSWCCA 111; 46 NSWLR 346 for commonly encountered armed robbery cases.' 'Whether, even if error was established, a lesser sentence was warranted under s 6(3) Criminal Appeal Act 1912 (NSW).' "Whether the applicant's failure to make submissions after the sentencing judge identified the proposed sentence affected the merit of the proposed appeal."]

Ratio Decidendi

Although the sentencing judge made some errors in describing and comparing the Henry typical case, the sentences imposed for two armed robberies, after taking account of the objective seriousness and the applicant's mitigating subjective features, were unremarkable; no lesser sentence was warranted, and the proposed appeal was lacking in merit.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused.']