R v STAHL [1999] NSWCCA 160
Leave to appeal was refused because the applicant did not show that the sentencing judge made any error of principle or that the five-year sentence, comprising a three-year minimum term and a two-year additional term, fell outside the range of the sentencing discretion.
- Jurisdiction
- Australia
- Judgment Date
- 26 May 1999
- Procedural Posture
- Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Decision on Leave to Appeal
- Outcome
- Leave to appeal refused.
- Legal Topics
- ['sentencing' 'armed Robbery' 'excessive Sentence' 'leave to Appeal Against Sentence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Decision on Leave to Appeal
Legal Issues
- 1 ['Whether the sentence for robbery whilst armed with an offensive weapon was excessive.' 'Whether the sentencing judge made an error of principle or imposed a sentence outside the proper range of sentencing discretion.' 'Whether events occurring since sentence could be taken into account in determining whether the sentence fell outside the sentencing discretion.']
Ratio Decidendi
Leave to appeal was refused because the applicant did not show that the sentencing judge made any error of principle or that the five-year sentence, comprising a three-year minimum term and a two-year additional term, fell outside the range of the sentencing discretion.
Court Disposition
Leave to appeal refused.
Orders
- ['Leave to appeal refused.']
Full Case Text
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