Regina v WICKS [2002] NSWCCA 445

Regina v WICKS [2002] NSWCCA 445

The sentencing judge took proper account of subjective features, guilty plea, and concurrent sentences subsuming the Ellis discount. The sentences imposed were the least available and reflected the totality of criminal conduct, including the Form 1 offences. Leave to appeal is granted, but the appeal is refused as no lesser sentence is warranted.

Jurisdiction
Australia
Judgment Date
11 November 2002
Procedural Posture
Sentence Appeal Application / Court of Criminal Appeal, Leave to Appeal
Outcome
Leave to appeal granted; appeal refused
Legal Topics
['sentencing' 'concurrent Sentences' 'effect of R V Ellis' 'discount for Guilty Plea' 'non Parole Period' 'drug Rehabilitation']
['criminal Law'] ['sentencing' 'concurrent Sentences' 'effect of R V Ellis' 'discount for Guilty Plea' 'non Parole Period' 'drug Rehabilitation']

Case Brief

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Procedural Posture

Sentence Appeal Application / Court of Criminal Appeal, Leave to Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge gave sufficient weight to the applicant's assistance and guilty plea" 'Whether the discount principle in R v Ellis/rule in Ryan v R was properly applied' 'Appropriateness of concurrent sentences and severity of sentence']

Ratio Decidendi

The sentencing judge took proper account of subjective features, guilty plea, and concurrent sentences subsuming the Ellis discount. The sentences imposed were the least available and reflected the totality of criminal conduct, including the Form 1 offences. Leave to appeal is granted, but the appeal is refused as no lesser sentence is warranted.

Court Disposition

Leave to appeal granted; appeal refused

Orders

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