R v Mangan [1999] NSWCCA 194

R v Mangan [1999] NSWCCA 194

Although the armed robbery was very serious and involved planning, disguises, two offenders, the threatening use of a gun and terror to victims, there was no finding that the gun was loaded and the total sentence of ten years five months was beyond the upper limit of an appropriate sentencing range. The sentence was therefore manifestly excessive and an eight-year sentence with a six-year minimum term was appropriate.

Jurisdiction
Australia
Judgment Date
21 July 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal allowed; sentence quashed and the appellant resentenced.
Legal Topics
['armed Robbery in Company' 'manifestly Excessive Sentence' 'use of Firearm' 'sentencing Statistics' 'guideline Judgment']
['criminal Law' 'sentencing' 'criminal Appeals'] ['armed Robbery in Company' 'manifestly Excessive Sentence' 'use of Firearm' 'sentencing Statistics' 'guideline Judgment']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for armed robbery in company was manifestly excessive.' 'What significance should be given to the absence of a finding that the firearm was loaded.' 'How sentencing statistics and the guideline judgment in R v Henry & Ors [1999] NSWCCA 111 should inform the appropriate sentencing range.']

Ratio Decidendi

Although the armed robbery was very serious and involved planning, disguises, two offenders, the threatening use of a gun and terror to victims, there was no finding that the gun was loaded and the total sentence of ten years five months was beyond the upper limit of an appropriate sentencing range. The sentence was therefore manifestly excessive and an eight-year sentence with a six-year minimum term was appropriate.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed and the appellant resentenced.

Orders

  • ['Leave to appeal be granted.' 'The appeal be allowed.' 'The sentence be quashed and in lieu thereof the applicant be sentenced to a minimum term of six years penal servitude to commence on 31 October 1997 and to expire on 30 October 2003 and an additional term of two years commencing on 31 October 2003 and expiring...