R v Baker [2001] NSWCCA 96

R v Baker [2001] NSWCCA 96

The offence was within the upper category of seriousness; the sentencing judge gave proper consideration to the guilty plea and treatment prospects, and the sentence imposed was not manifestly excessive nor erroneous.

Parties
Respondent: Regina; Applicant: Ley Thomas Baker
Jurisdiction
Australia
Judgment Date
23 March 2001
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Judgment
Outcome
Appeal dismissed
Legal Topics
Sentencing, Sexual Offences, Aggravated Sexual Intercourse, Armed Robbery, Admissibility of Tendency Evidence
Criminal Law Sentencing Sexual Offences Aggravated Sexual Intercourse Armed Robbery Admissibility of Tendency Evidence

Case Brief

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Parties

Regina

Respondent

Ley Thomas Baker

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Judgment

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge failed to properly consider the applicant's plea of guilty and treatable condition

Ratio Decidendi

The offence was within the upper category of seriousness; the sentencing judge gave proper consideration to the guilty plea and treatment prospects, and the sentence imposed was not manifestly excessive nor erroneous.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed