FIELD v R [2011] NSWCCA 70

FIELD v R [2011] NSWCCA 70

Given the applicant’s significant criminal history, conditional liberty at the time of offence, and lack of compelling evidence that his mental condition warranted mitigation, the sentence imposed was not manifestly excessive nor did the sentencing judge err in the treatment of the applicant's mental health as mitigating.

Parties
Applicant: Kirt Raymond Field; Respondent: Regina
Jurisdiction
Australia
Judgment Date
21 April 2011
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentence, Armed Robbery, Mental Condition, Recidivism
Criminal Law Sentence Armed Robbery Mental Condition Recidivism

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Kirt Raymond Field

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether sentence for robbery whilst armed with an offensive weapon was manifestly excessive
  2. 2 Whether sentencing judge erred in failing to recognise reduced moral culpability due to mental illness and unsuitability for general deterrence

Ratio Decidendi

Given the applicant’s significant criminal history, conditional liberty at the time of offence, and lack of compelling evidence that his mental condition warranted mitigation, the sentence imposed was not manifestly excessive nor did the sentencing judge err in the treatment of the applicant's mental health as mitigating.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.