REGINA v Lenard Clarence JONES [2002] NSWCCA 494

REGINA v Lenard Clarence JONES [2002] NSWCCA 494

The material relating to the applicant's mental health condition was before the sentencing judge, who took it properly into account. The new evidence does not meet the criteria for fresh evidence. The sentencing judge did not err in approach, and the sentence, though lenient and reflective of mental health issues,...

Source-derived case information.

Parties
Respondent: Regina; Applicant: Lenard Clarence Jones
Jurisdiction
Australia
Judgment Date
09 December 2002
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
Leave to appeal against the severity of the sentence granted; appeal dismissed.
Legal Topics
Sentencing, Fresh Evidence, Dishonesty Offences, Mental Health in Sentencing
Criminal Law Sentencing Fresh Evidence Dishonesty Offences Mental Health in Sentencing

Source-derived case record

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Regina

Respondent

Lenard Clarence Jones

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 Whether fresh evidence relating to applicant's mental health should be received on appeal
  2. 2 Whether the sentence was manifestly excessive in light of applicant's mental health, character, and circumstances

Ratio Decidendi

The material relating to the applicant's mental health condition was before the sentencing judge, who took it properly into account. The new evidence does not meet the criteria for fresh evidence. The sentencing judge did not err in approach, and the sentence, though lenient and reflective of mental health issues, was appropriate given the seriousness, planning, and number of offences.

Court Disposition

Leave to appeal against the severity of the sentence granted; appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed