WAKEFIELD v Regina [2010] NSWCCA 299

WAKEFIELD v Regina [2010] NSWCCA 299

No error was identified in the sentencing exercise and the sentence was not manifestly excessive, given the objective seriousness of the offence, the applicant's lengthy criminal history, the need for both general and specific deterrence, and the lack of a proper basis for intervention by an appellate court.

Jurisdiction
Australia
Judgment Date
15 December 2010
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'armed Robbery' 'manifestly Excessive Sentence' 'institutionalisation' 'sentencing Discretion']
['criminal Law'] ['appeal Against Sentence' 'armed Robbery' 'manifestly Excessive Sentence' 'institutionalisation' 'sentencing Discretion']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentence imposed was manifestly excessive in circumstances where no error was identified but applicant's institutionalisation was largely responsible for offences"]

Ratio Decidendi

No error was identified in the sentencing exercise and the sentence was not manifestly excessive, given the objective seriousness of the offence, the applicant's lengthy criminal history, the need for both general and specific deterrence, and the lack of a proper basis for intervention by an appellate court.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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