Graham v Regina [2009] NSWCCA 212

Graham v Regina [2009] NSWCCA 212

The sentence of 4 years with a 2-year non-parole period, after a 50% discount, adequately reflected the objective seriousness of the offence, and to impose a lower sentence would be to fall below the 'irreducible minimum sentence.' The use of sentencing statistics by the applicant was unpersuasive, and the focus must remain on the sentence actually passed, not the notional starting point. The sentence was not manifestly excessive.

Parties
Applicant: Lisa Anne Graham; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
31 August 2009
Procedural Posture
Criminal Sentence Appeal / Judgment on Leave to Appeal and Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Manifest Excess, Discount for Guilty Plea and Assistance, Use of Sentencing Statistics, Aggravating and Mitigating Factors, Effect of Previous Convictions
Criminal Law Sentence Appeal Manifest Excess Discount for Guilty Plea and Assistance Use of Sentencing Statistics Aggravating and Mitigating Factors Effect of Previous Convictions

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Parties

Lisa Anne Graham

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Sentence Appeal / Judgment on Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive, given the applicant's subjective circumstances, sentencing discounts, and comparison to sentencing statistics.

Ratio Decidendi

The sentence of 4 years with a 2-year non-parole period, after a 50% discount, adequately reflected the objective seriousness of the offence, and to impose a lower sentence would be to fall below the 'irreducible minimum sentence.' The use of sentencing statistics by the applicant was unpersuasive, and the focus must remain on the sentence actually passed, not the notional starting point. The sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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