Regina v Fields [2005] NSWCCA 37

Regina v Fields [2005] NSWCCA 37

The offence was objectively very serious, involving a planned intended robbery, forced entry into the victim's home, a vicious and unprovoked attack on a weak and unwell sixty-one year old man, kicking while the victim was on the floor, severe and continuing injuries, use of a knife and threats to kill. The sentencing judge took account of mitigating factors including genuine contrition, the early guilty plea and the applicant's unfortunate background, and did not improperly use the criminal record. An 8 year starting point, reduced by a 25 percent discount to a 6 year head sentence with a 4 year non-parole period, was open and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
16 February 2005
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['assault With Intent to Rob While Maliciously Inflicting Actual Bodily Harm' 'objective Seriousness' 'aggravating and Mitigating Factors' 'manifestly Excessive Sentence' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['assault With Intent to Rob While Maliciously Inflicting Actual Bodily Harm' 'objective Seriousness' 'aggravating and Mitigating Factors' 'manifestly Excessive Sentence' 'guilty Plea Discount']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence of 6 years imprisonment with a non-parole period of 4 years for an offence under s95(1) of Crimes Act 1900 was manifestly excessive.' "Whether the sentencing judge gave proper weight to the applicant's subjective circumstances, including his Aboriginal background, upbringing, alcohol and drug addiction, plea of guilty and contrition." "Whether the sentencing judge gave undue weight to the applicant's criminal record and aggravating features of the offence."]

Ratio Decidendi

The offence was objectively very serious, involving a planned intended robbery, forced entry into the victim's home, a vicious and unprovoked attack on a weak and unwell sixty-one year old man, kicking while the victim was on the floor, severe and continuing injuries, use of a knife and threats to kill. The sentencing judge took account of mitigating factors including genuine contrition, the early guilty plea and the applicant's unfortunate background, and did not improperly use the criminal record. An 8 year starting point, reduced by a 25 percent discount to a 6 year head sentence with a 4 year non-parole period, was open and not manifestly excessive.

Court Disposition

Leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

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