Andrews v Regina [2006] NSWCCA 42

Andrews v Regina [2006] NSWCCA 42

While the sentencing judge erred by the risk of 'double counting' aggravating factors that are elements of the offence, no lesser sentence was warranted; therefore, leave to appeal against sentence is granted but the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
06 March 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal
Outcome
Appeal dismissed; leave to appeal granted
Legal Topics
['robbery in Company' 'sentencing' 'aggravating Factors' 'double Counting in Sentencing']
['criminal Law'] ['robbery in Company' 'sentencing' 'aggravating Factors' 'double Counting in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by treating as aggravating factors elements that are part of the offence (actual violence, threatened use of weapon)' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

While the sentencing judge erred by the risk of 'double counting' aggravating factors that are elements of the offence, no lesser sentence was warranted; therefore, leave to appeal against sentence is granted but the appeal is dismissed.

Court Disposition

Appeal dismissed; leave to appeal granted

Orders

  • ['Leave to appeal against sentence granted' 'Appeal against sentence dismissed']