Regina v Ellis; Regina v Carr [2002] NSWCCA 211

Regina v Ellis; Regina v Carr [2002] NSWCCA 211

The failure to accord appropriate weight to the sentences received by the juvenile co-offenders, the inadequate discount for the early guilty pleas, and the error in attributing gratuitous violence as aggravation cumulatively resulted in sentences that were excessive for both applicants. Allowing for parity, increased plea discounts, and special circumstances, the court substituted sentences of three years imprisonment for both Ellis and Carr, with reduced non-parole periods.

Jurisdiction
Australia
Judgment Date
17 May 2002
Procedural Posture
Criminal Appeal / Hearing and Judgment on Appeal Against Sentence
Outcome
Appeal allowed; sentences set aside and varied
Legal Topics
['sentencing' 'parity in Sentencing' 'robbery' 'guilty Plea Discounts' 'juvenile Co Offenders']
['criminal Law'] ['sentencing' 'parity in Sentencing' 'robbery' 'guilty Plea Discounts' 'juvenile Co Offenders']

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Procedural Posture

Criminal Appeal / Hearing and Judgment on Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentences imposed on the applicants Ellis and Carr were excessive in comparison to the sentences of juvenile co-offenders' 'Whether proper allowance was given for the early guilty pleas' 'Whether special circumstances warranted a reduction of non-parole periods']

Ratio Decidendi

The failure to accord appropriate weight to the sentences received by the juvenile co-offenders, the inadequate discount for the early guilty pleas, and the error in attributing gratuitous violence as aggravation cumulatively resulted in sentences that were excessive for both applicants. Allowing for parity, increased plea discounts, and special circumstances, the court substituted sentences of three years imprisonment for both Ellis and Carr, with reduced non-parole periods.

Court Disposition

Appeal allowed; sentences set aside and varied

Orders

  • ['(As to Mark Richard Ellis) Leave to appeal against sentence granted; appeal allowed; sentence on robbery using corporal violence quashed; imprisonment for three years commencing on 18 February 2001 with a non parole period of one year and nine months; released on supervised parole on 17 November 2002.' '(As to...