Regina v Thompson [2005] NSWCCA 41

Regina v Thompson [2005] NSWCCA 41

The sentencing judge did not err because the applicant's admissions did not greatly assist the Crown in the manner contemplated by R v Ellis, and in any event any utilitarian benefit from the admissions was properly included in the twenty five percent discount allowed for the early guilty pleas. The applicant did not provide further assistance warranting an additional discount.

Jurisdiction
Australia
Judgment Date
18 February 2005
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences in the NSW Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break Enter and Steal' 'break Enter With Intent to Steal' 'plea of Guilty Discount' 'admission of Guilt' 'assistance to Authorities' 'form 1 Matters']
['criminal Law' 'sentencing'] ['break Enter and Steal' 'break Enter With Intent to Steal' 'plea of Guilty Discount' 'admission of Guilt' 'assistance to Authorities' 'form 1 Matters']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences in the NSW Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to allow an additional discount for the applicant's admissions of guilt on the basis that they assisted the Crown by completing its case." 'Whether admissions of guilt that form part of an early plea should be treated as separate assistance to authorities warranting a further sentencing discount.']

Ratio Decidendi

The sentencing judge did not err because the applicant's admissions did not greatly assist the Crown in the manner contemplated by R v Ellis, and in any event any utilitarian benefit from the admissions was properly included in the twenty five percent discount allowed for the early guilty pleas. The applicant did not provide further assistance warranting an additional discount.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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