Richey v R [2021] NSWCCA 93

Richey v R [2021] NSWCCA 93

The sentencing judge was entitled, pursuant to s 25F(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW), to not apply a sentencing discount because the utilitarian value of the applicant's conditional plea offer was entirely negated by disputed facts not resolved in his favour; accordingly, no error was shown and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
12 May 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence Application for Leave to Appeal and Appeal Determination
Outcome
Application for leave to appeal granted; Appeal dismissed
Legal Topics
['appeal Against Sentence' 'assault Occasioning Actual Bodily Harm' 'application of Early Appropriate Guilty Plea Scheme' 'sentencing Discounts' 'procedural History and Application of Committal Proceedings']
['criminal Law'] ['appeal Against Sentence' 'assault Occasioning Actual Bodily Harm' 'application of Early Appropriate Guilty Plea Scheme' 'sentencing Discounts' 'procedural History and Application of Committal Proceedings']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence Application for Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 ["Whether the early appropriate guilty plea (EAGP) scheme applied to the applicant's offence" 'Whether the sentencing judge erred by failing to apply a sentencing discount under the EAGP scheme' 'Whether the applicant was entitled to a sentencing discount at common law']

Ratio Decidendi

The sentencing judge was entitled, pursuant to s 25F(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW), to not apply a sentencing discount because the utilitarian value of the applicant's conditional plea offer was entirely negated by disputed facts not resolved in his favour; accordingly, no error was shown and the appeal was dismissed.

Court Disposition

Application for leave to appeal granted; Appeal dismissed

Orders

  • ['Application for leave to appeal granted' 'Appeal dismissed']