Collon v R [2009] NSWCCA 187

Collon v R [2009] NSWCCA 187

The sentencing judge did not err in treating the murder as mid-range because that assessment was open having regard to the ferocity of the attack, use of multiple weapons and the killing in the deceased's bedroom, while also accounting for the absence of planning and the applicant's impairment and intoxication. The 15% discount for a late guilty plea was within the sentencing discretion because the plea was entered shortly before trial and the utilitarian value was reduced. The resulting sentence was within range and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
29 July 2009
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted, but the appeal dismissed.
Legal Topics
['murder' 'standard Non Parole Period' 'objective Seriousness' 'mental Impairment' 'intoxication' 'guilty Plea Discount' 'manifest Excess']
['criminal Law' 'sentencing'] ['murder' 'standard Non Parole Period' 'objective Seriousness' 'mental Impairment' 'intoxication' 'guilty Plea Discount' 'manifest Excess']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in determining that the murder was in the mid-range of objective seriousness rather than the low range.' "Whether the sentencing judge erred in not affording greater leniency for the applicant's guilty plea and admissions." 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

The sentencing judge did not err in treating the murder as mid-range because that assessment was open having regard to the ferocity of the attack, use of multiple weapons and the killing in the deceased's bedroom, while also accounting for the absence of planning and the applicant's impairment and intoxication. The 15% discount for a late guilty plea was within the sentencing discretion because the plea was entered shortly before trial and the utilitarian value was reduced. The resulting sentence was within range and not manifestly excessive.

Court Disposition

Leave to appeal granted, but the appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']