Regina v Raad [1999] NSWCCA 27

Regina v Raad [1999] NSWCCA 27

The armed robbery was a serious home invasion committed against an elderly man living alone, involved the use of a knife, significant fear to the victim, theft of a Visa card and PIN number, and further aggravating matters including offences taken into account on Form 1 documents. The sentencing judge considered the subjective features, general deterrence, objective criminality and special circumstances, and no error of law or fact or excess outside the sentencing discretion was shown. Leave to appeal against sentence was therefore refused.

Jurisdiction
Australia
Judgment Date
02 March 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal the sentence refused.
Legal Topics
['armed Robbery' 'home Invasion' 'leave to Appeal Against Sentence' 'form 1 Offences' 'general Deterrence' 'special Circumstances']
['criminal Law' 'sentencing' 'criminal Appeals'] ['armed Robbery' 'home Invasion' 'leave to Appeal Against Sentence' 'form 1 Offences' 'general Deterrence' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether leave should be granted to appeal against the sentence imposed for armed robbery involving the use of an offensive weapon.' 'Whether the sentencing judge committed any error of law or fact or imposed a sentence outside the available sentencing discretion.' 'Whether special circumstances existed under s 5(2) of the Sentencing Act.']

Ratio Decidendi

The armed robbery was a serious home invasion committed against an elderly man living alone, involved the use of a knife, significant fear to the victim, theft of a Visa card and PIN number, and further aggravating matters including offences taken into account on Form 1 documents. The sentencing judge considered the subjective features, general deterrence, objective criminality and special circumstances, and no error of law or fact or excess outside the sentencing discretion was shown. Leave to appeal against sentence was therefore refused.

Court Disposition

Application for leave to appeal the sentence refused.

Orders

  • ['The application for leave to appeal the sentence is refused.']