Regina v Bereyne [2003] NSWCCA 153

Regina v Bereyne [2003] NSWCCA 153

The sentencing judge properly considered all relevant factors including the guilty pleas, applicant's psychological report and subjective case, and the principle of totality; no error was demonstrated in the sentence and the applicant's circumstances post-sentence were not relevant to the original sentence.

Parties
Respondent: Crown; Applicant: Michael James Bereyne
Jurisdiction
Australia
Judgment Date
06 June 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave granted, appeal dismissed.
Legal Topics
Armed Robbery, Sentencing, Discount for Guilty Plea, Totality Principle, Psychological Report
Criminal Law Armed Robbery Sentencing Discount for Guilty Plea Totality Principle Psychological Report

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Parties

Crown

Respondent

Michael James Bereyne

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in not affording a twenty-five percent discount for the applicant's guilty pleas
  2. 2 Whether the sentencing judge failed to take into account the psychological report
  3. 3 Whether post-sentence circumstances justified re-sentencing

Ratio Decidendi

The sentencing judge properly considered all relevant factors including the guilty pleas, applicant's psychological report and subjective case, and the principle of totality; no error was demonstrated in the sentence and the applicant's circumstances post-sentence were not relevant to the original sentence.

Court Disposition

Leave granted, appeal dismissed.

Orders

  • Leave to appeal against sentence granted
  • Appeal dismissed