R v Appleby [1999] NSWCCA 157

R v Appleby [1999] NSWCCA 157

The sentencing judge made no error of approach or assessment. The sentence of two years penal servitude, divided into a minimum term and additional term of 12 months each, was within the range of a sound exercise of sentencing discretion, despite the applicant's guilty plea and personal matters, given the seriousness of the ram raid offence and his significant prior record. The complaints about parity, adjournment, reports, representation and concurrency did not disclose appellable error.

Jurisdiction
Australia
Judgment Date
11 June 1999
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break Enter and Steal' 'ram Raid' 'prior Convictions' 'guilty Plea' 'parity With Co Offender' 'concurrent and Cumulative Sentences' 'appellate Error']
['criminal Law and Procedure' 'sentencing'] ['break Enter and Steal' 'ram Raid' 'prior Convictions' 'guilty Plea' 'parity With Co Offender' 'concurrent and Cumulative Sentences' 'appellate Error']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence of two years penal servitude with a minimum term of 12 months for breaking entering and stealing involved appellable error.' 'Whether the applicant had a justifiable grievance arising from the different sentence imposed on co-offender David Zdravokovic.' 'Whether alleged lack of notice, refusal of an adjournment, and absence of reports or legal representation affected the sentencing process.' 'Whether the sentencing judge erred by not structuring the sentence concurrently with other sentences.']

Ratio Decidendi

The sentencing judge made no error of approach or assessment. The sentence of two years penal servitude, divided into a minimum term and additional term of 12 months each, was within the range of a sound exercise of sentencing discretion, despite the applicant's guilty plea and personal matters, given the seriousness of the ram raid offence and his significant prior record. The complaints about parity, adjournment, reports, representation and concurrency did not disclose appellable error.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['The application for leave to appeal is granted.' 'The appeal is dismissed.' 'The psychological report is returned to the applicant.']