Suttle v R [2007] NSWCCA 264

Suttle v R [2007] NSWCCA 264

The sentencing judge gave appropriate and considerable weight to the applicant's psychiatric condition, treated it consistently with a pre-existing medical problem, considered the relevant sentencing principles, allowed a discount for the plea of guilty, and imposed a sentence that was not manifestly excessive in light of the seriousness of the robbery in company and the applicant's circumstances.

Jurisdiction
Australia
Judgment Date
14 September 2007
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['robbery in Company' 'manifest Excess' 'mental Health in Sentencing' 'plea of Guilty']
['criminal Law' 'sentencing'] ['robbery in Company' 'manifest Excess' 'mental Health in Sentencing' 'plea of Guilty']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the head sentence and non-parole period imposed for robbery in company were manifestly excessive.' "Whether the sentencing judge failed to give adequate consideration to the applicant's mental health condition."]

Ratio Decidendi

The sentencing judge gave appropriate and considerable weight to the applicant's psychiatric condition, treated it consistently with a pre-existing medical problem, considered the relevant sentencing principles, allowed a discount for the plea of guilty, and imposed a sentence that was not manifestly excessive in light of the seriousness of the robbery in company and the applicant's circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.']