REGINA v. HOLLIS [2002] NSWCCA 306

REGINA v. HOLLIS [2002] NSWCCA 306

The sentencing judge did not fall into appellable error for not affording the Ellis discount for the offence of sexual intercourse with a young child as part of a complex sentencing exercise; the reporting to police was not solely motivated by conscience, and the sentence was not manifestly excessive even if an Ellis discount was not explicitly given. Thus, the appeal against sentence was dismissed.

Jurisdiction
Australia
Judgment Date
30 July 2002
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
Extension of time granted; application for leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'appeal Against Sentence' 'sexual Offences Against Children' 'discount for Confession' 'application of Regina V. Pearce' 'ellis Discount' 'manifestly Excessive Sentence']
['criminal Law'] ['sentencing' 'appeal Against Sentence' 'sexual Offences Against Children' 'discount for Confession' 'application of Regina V. Pearce' 'ellis Discount' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the trial judge erred in failing to give a discount for volunteering a confession (Ellis discount) when sentencing for sexual offences against children' 'Whether the sentence imposed was manifestly excessive' 'Whether the structuring of sentences breached principles in Regina v. Pearce']

Ratio Decidendi

The sentencing judge did not fall into appellable error for not affording the Ellis discount for the offence of sexual intercourse with a young child as part of a complex sentencing exercise; the reporting to police was not solely motivated by conscience, and the sentence was not manifestly excessive even if an Ellis discount was not explicitly given. Thus, the appeal against sentence was dismissed.

Court Disposition

Extension of time granted; application for leave to appeal granted; appeal dismissed.

Orders

  • ['Extension of time to appeal granted' 'Application for leave to appeal granted' 'Appeal dismissed']