Kizzy McCLAIN v R [2011] NSWCCA 191

Kizzy McCLAIN v R [2011] NSWCCA 191

No appellable error was shown. The sentencing judge was entitled to find that the offence was committed as a result of intoxication rather than mental illness, the sparse mental health material did not require fuller reasons or application of the R v Engert principles, and the judge had appropriate regard to the applicant's background, rehabilitation prospects, remorse, guilty plea and the R v Henry guidelines. The sentence was relatively low and no miscarriage of justice was established.

Jurisdiction
Australia
Judgment Date
30 June 2011
Procedural Posture
Criminal Law Application for Leave to Appeal Against Sentence / Court of Criminal Appeal, Sentence Appeal From District Court
Outcome
Leave to appeal granted, appeal dismissed.
Legal Topics
['attempted Armed Robbery' 'plea of Guilty' 'mental Health and Sentencing' 'intoxication and Sentencing' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing'] ['attempted Armed Robbery' 'plea of Guilty' 'mental Health and Sentencing' 'intoxication and Sentencing' 'leave to Appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Law Application for Leave to Appeal Against Sentence / Court of Criminal Appeal, Sentence Appeal From District Court

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give appropriate weight to evidence of the applicant's mental condition when assessing objective gravity and mitigation." "Whether the sentencing judge appropriately dealt with the applicant's intoxication and drug use at the time of the offence." 'Whether appellable error in the sentence was established.']

Ratio Decidendi

No appellable error was shown. The sentencing judge was entitled to find that the offence was committed as a result of intoxication rather than mental illness, the sparse mental health material did not require fuller reasons or application of the R v Engert principles, and the judge had appropriate regard to the applicant's background, rehabilitation prospects, remorse, guilty plea and the R v Henry guidelines. The sentence was relatively low and no miscarriage of justice was established.

Court Disposition

Leave to appeal granted, appeal dismissed.

Orders

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