R v Griffiths [2001] NSWCCA 130

R v Griffiths [2001] NSWCCA 130

Leave was granted but the appeal was dismissed because none of the applicant's severity grounds disclosed error or excess: no prejudice or oppressiveness from delay was shown; narcotics addiction did not mitigate the serious planned home robbery involving a replica pistol and knife; the applicant could not complain...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 April 2001
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['armed Robbery in Company' 'severity of Sentence' 'delay Before Sentence' 'drug Addiction and Mitigation' 'rehabilitation' 'post Sentence Events' 'crossroads Principle']
['criminal Law' 'sentencing'] ['armed Robbery in Company' 'severity of Sentence' 'delay Before Sentence' 'drug Addiction and Mitigation' 'rehabilitation' 'post Sentence Events' 'crossroads Principle']

Source-derived case record

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether delay while the applicant was on bail before sentence justified mitigation of sentence.' "Whether the applicant's heroin or narcotics addiction at the time of the offence mitigated sentence." 'Whether the absence of psychological or pre-sentence reports could be relied on in the appeal.' "Whether the offence was out of character having regard to the applicant's prior record." 'Whether the complainant tainted her evidence or the verdict was unsupported.' 'Whether the applicant was at the crossroads at the time of sentence.' 'Whether rehabilitation and other events occurring after sentence should be considered on the sentence appeal.']

Ratio Decidendi

Leave was granted but the appeal was dismissed because none of the applicant's severity grounds disclosed error or excess: no prejudice or oppressiveness from delay was shown; narcotics addiction did not mitigate the serious planned home robbery involving a replica pistol and knife; the applicant could not complain of material not tendered at sentence; his prior record meant the offence was not out of character; the jury accepted the complainant's evidence; he was not convincingly at the crossroads; and post-sentence rehabilitation was not ordinarily a basis for appellate intervention.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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