Regina v Justin Cram [2002] NSWCCA 83

Regina v Justin Cram [2002] NSWCCA 83

Although the sentencing judge erred by having regard to the overwhelming nature of the Crown case when assessing the guilty plea discount, the applicant's very significant objective criminality, extensive antecedents, the seriousness of the dangerous driving, and the benefit he received from the anomalous structure of the sentences meant that no less severe sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
21 March 2002
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentences Imposed in the District Court After Pleas of Guilty
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['dangerous Driving Causing Grievous Bodily Harm' "driving a Conveyance Without the Owner's Consent" 'guilty Plea Discount' 'form 1 Matters' 'cumulative Sentences' 'special Circumstances' 'manifest Excess']
['criminal Law' 'sentencing' 'criminal Appeals'] ['dangerous Driving Causing Grievous Bodily Harm' "driving a Conveyance Without the Owner's Consent" 'guilty Plea Discount' 'form 1 Matters' 'cumulative Sentences' 'special Circumstances' 'manifest Excess']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentences Imposed in the District Court After Pleas of Guilty

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive.' "Whether the sentencing judge erred by taking into account the overwhelming nature of the Crown case when assessing the discount for the applicant's guilty pleas." 'Whether the sentence for the second offence could properly be served wholly cumulatively on the first sentence.' 'Whether special circumstances existed within the meaning of s 44(2) of the Crimes (Sentencing Procedure) Act 1999.' 'Whether, despite identified error, a less severe sentence was warranted in law under Criminal Appeal Act 1912 s 6(3).']

Ratio Decidendi

Although the sentencing judge erred by having regard to the overwhelming nature of the Crown case when assessing the guilty plea discount, the applicant's very significant objective criminality, extensive antecedents, the seriousness of the dangerous driving, and the benefit he received from the anomalous structure of the sentences meant that no less severe sentence was warranted in law.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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