Regina v Joseph Phillipe [2004] NSWCCA 2

Regina v Joseph Phillipe [2004] NSWCCA 2

The sentences imposed were not manifestly excessive and reflected considerable leniency given the applicant's youth, pleas of guilty, good character, and prospects of rehabilitation. Proper sentencing practice required that the December sentences not be ordered wholly concurrently with the August sentences. Parity with co-offenders was appropriately considered and not determinative.

Parties
Respondent: Regina; Applicant: Joseph Phillipe
Jurisdiction
Australia
Judgment Date
03 February 2004
Procedural Posture
Criminal Appeal / Application for Extension of Time, Leave to Appeal, and Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Armed Robbery, Sentencing of Juvenile Offenders, Children (criminal Proceedings) Act 1987, Guideline Sentencing Cases
Criminal Law Armed Robbery Sentencing of Juvenile Offenders Children (criminal Proceedings) Act 1987 Guideline Sentencing Cases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Regina

Respondent

Joseph Phillipe

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time, Leave to Appeal, and Appeal Against Sentence

Legal Issues

  1. 1 whether an extension of time should be granted to apply for leave to appeal
  2. 2 whether leave to appeal should be granted
  3. 3 whether the sentences imposed were manifestly excessive

Ratio Decidendi

The sentences imposed were not manifestly excessive and reflected considerable leniency given the applicant's youth, pleas of guilty, good character, and prospects of rehabilitation. Proper sentencing practice required that the December sentences not be ordered wholly concurrently with the August sentences. Parity with co-offenders was appropriately considered and not determinative.

Court Disposition

appeal dismissed

Orders

  • Grant the applicant an extension of time within which to apply for leave to appeal.
  • Grant leave to appeal.