Regina v Flood [1999] NSWCCA 240

Regina v Flood [1999] NSWCCA 240

The Court found no error in the sentencing Judge’s decision regarding the consideration of intoxication or the assessment of aggravation, concluding that the sentences were severe but appropriate given the seriousness of the offences.

Jurisdiction
Australia
Judgment Date
28 June 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted in each case; appeal dismissed in each case.
Legal Topics
['sentencing' 'armed Robbery' 'stealing Motor Vehicle' 'detaining for Advantage' 'intoxication as Mitigating Factor']
['criminal Law'] ['sentencing' 'armed Robbery' 'stealing Motor Vehicle' 'detaining for Advantage' 'intoxication as Mitigating Factor']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to treat intoxication as a mitigating factor' 'Whether the sentencing judge erred in characterising the conduct as of grave aggravation']

Ratio Decidendi

The Court found no error in the sentencing Judge’s decision regarding the consideration of intoxication or the assessment of aggravation, concluding that the sentences were severe but appropriate given the seriousness of the offences.

Court Disposition

Leave to appeal granted in each case; appeal dismissed in each case.

Orders

  • ['Leave to appeal granted in each case.' 'Appeal dismissed in each case.' 'Recommendation that applicants be given every opportunity to participate in rehabilitative courses consistent with prison administration.']