Edwards v R [2020] NSWCCA 141

Edwards v R [2020] NSWCCA 141

The sentence of 4 years imprisonment with a non-parole period of 2 years and 6 months was not manifestly excessive, unreasonable or plainly unjust. The offending involved planning, attending the location, being armed with a knife and assaulting the victim with intent to rob, in circumstances where the maximum penalty was 20 years imprisonment. The sentencing judge's discretion was exercised within the permissible range.

Jurisdiction
Australia
Judgment Date
01 July 2020
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court at Newcastle
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['assault With Intent to Rob Whilst Armed With an Offensive Weapon' 'manifest Excess' 'non Parole Period' 'conditional Liberty' 'rehabilitation']
['criminal Law' 'sentencing' 'appeals'] ['assault With Intent to Rob Whilst Armed With an Offensive Weapon' 'manifest Excess' 'non Parole Period' 'conditional Liberty' 'rehabilitation']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court at Newcastle

Legal Issues

  1. 1 ['Whether the sentence imposed for assault with intent to rob whilst armed with an offensive weapon was manifestly excessive.' 'Whether the sentence was unreasonable or plainly unjust.' 'Whether the non-parole period should be reduced and the parole period extended without altering the total effective term.']

Ratio Decidendi

The sentence of 4 years imprisonment with a non-parole period of 2 years and 6 months was not manifestly excessive, unreasonable or plainly unjust. The offending involved planning, attending the location, being armed with a knife and assaulting the victim with intent to rob, in circumstances where the maximum penalty was 20 years imprisonment. The sentencing judge's discretion was exercised within the permissible range.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']