REGINA v HOWARD [2004] NSWCCA 348

REGINA v HOWARD [2004] NSWCCA 348

The appeal was dismissed because there was no error in the sentencing judge's approach to entrapment, profit motive, location, knowledge of firearm destination, or character assessment; the discount applied for a guilty plea was within range, and the seriousness of the offences warranted the sentences imposed.

Jurisdiction
Australia
Judgment Date
12 October 2004
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'firearms Offences' 'entrapment' 'objective and Subjective Factors in Sentencing']
['criminal Law'] ['sentencing' 'firearms Offences' 'entrapment' 'objective and Subjective Factors in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge failed to properly consider principles relating to entrapment in assessing objective criminality' 'Whether the judge failed to have regard to the profit motive and duration of possession of firearms' 'Whether the judge failed to have regard to Queensland residency and different legal regimes' 'Whether the evidence established knowledge of destination of firearms to New South Wales' 'Whether observations concerning connection to another offender were prejudicial' "Whether there was appropriate weight to the applicant's subjective case and plea of guilty"]

Ratio Decidendi

The appeal was dismissed because there was no error in the sentencing judge's approach to entrapment, profit motive, location, knowledge of firearm destination, or character assessment; the discount applied for a guilty plea was within range, and the seriousness of the offences warranted the sentences imposed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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