R v Warman [2001] NSWCCA 147

R v Warman [2001] NSWCCA 147

The sentence imposed, after making full allowance for the timely plea, contrition, and change in attitude, was appropriate given the seriousness of the offence, extensive criminal record, and total criminality involved. There was no error of law and the sentence was not manifestly excessive.

Parties
Crown: Regina; Applicant: Mark Wayne Warman
Jurisdiction
Australia
Judgment Date
18 April 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Robbery, Sentence Appeal, Worst Category of Offence, Timely Plea, Manifestly Excessive Sentence, Subjective Circumstances
Criminal Law Robbery Sentence Appeal Worst Category of Offence Timely Plea Manifestly Excessive Sentence Subjective Circumstances

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Parties

Regina

Crown

Mark Wayne Warman

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the offence was in the 'worst category' justifying a sentence in the upper range
  2. 2 Whether insufficient weight was given to the timely plea of guilty, remorse, and rehabilitation prospects
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The sentence imposed, after making full allowance for the timely plea, contrition, and change in attitude, was appropriate given the seriousness of the offence, extensive criminal record, and total criminality involved. There was no error of law and the sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.