Regina v Ward [2001] NSWCCA 141

Regina v Ward [2001] NSWCCA 141

The sentence imposed was within the appropriate range given the seriousness of the offence, the circumstances of targeting an elderly victim, the applicant's conduct, and adequate consideration of all mitigating factors, including drug addiction and plea of guilty; no error in the sentencing was demonstrated.

Parties
Crown: Regina; Applicant: Keith John Ward
Jurisdiction
Australia
Judgment Date
06 April 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused
Legal Topics
Robbery, Sentencing, Appeal Against Sentence, Drug Addiction and Sentencing, Rehabilitation
Criminal Law Robbery Sentencing Appeal Against Sentence Drug Addiction and Sentencing Rehabilitation

Case Brief

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Parties

Regina

Crown

Keith John Ward

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of imprisonment imposed for robbery was manifestly excessive
  2. 2 Whether the sentencing judge erred in findings of fact regarding targeting and planning
  3. 3 Whether sufficient weight was given to applicant's rehabilitation and circumstances of drug addiction

Ratio Decidendi

The sentence imposed was within the appropriate range given the seriousness of the offence, the circumstances of targeting an elderly victim, the applicant's conduct, and adequate consideration of all mitigating factors, including drug addiction and plea of guilty; no error in the sentencing was demonstrated.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal is refused