Kerr v Regina [2008] NSWCCA 133

Kerr v Regina [2008] NSWCCA 133

Although there was some force in the complaint that the sentencing remarks made it difficult to ascertain whether a discount for the utilitarian value of the guilty pleas had been given, and the approach was difficult to reconcile with Pearce, no lesser sentence was warranted in law having regard to the number of offences, the period over which they were committed, and the fact that the appellant was on parole or bail when they were committed. Leave to appeal against sentence was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
12 June 2008
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Appeal Against Conviction Abandoned; Leave to Appeal Against Sentence Application Determined
Outcome
Appeal against conviction abandoned; leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['multiple Offences' 'pleas of Guilty' 'drug Court Programme' 'jurisdictional Maximum' 'discount for Guilty Plea' 'commencement Date of Sentence' 'mental Health and Rehabilitation' 'totality']
['criminal Law' 'sentencing' 'criminal Procedure'] ['multiple Offences' 'pleas of Guilty' 'drug Court Programme' 'jurisdictional Maximum' 'discount for Guilty Plea' 'commencement Date of Sentence' 'mental Health and Rehabilitation' 'totality']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Sentence / Appeal Against Conviction Abandoned; Leave to Appeal Against Sentence Application Determined

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give due consideration to the appellant's mental health report and the suitability of a treatment plan for dual diagnosis patients." 'Whether the sentence should have commenced from 17 December 2006 rather than the agreed commencement date.' 'Whether the appellant received a discount for the utilitarian value of his pleas of guilty.' 'Whether, despite possible error in the sentencing approach, a less severe sentence was warranted in law.']

Ratio Decidendi

Although there was some force in the complaint that the sentencing remarks made it difficult to ascertain whether a discount for the utilitarian value of the guilty pleas had been given, and the approach was difficult to reconcile with Pearce, no lesser sentence was warranted in law having regard to the number of offences, the period over which they were committed, and the fact that the appellant was on parole or bail when they were committed. Leave to appeal against sentence was granted but the appeal was dismissed.

Court Disposition

Appeal against conviction abandoned; leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['I note the abandonment of appeal against conviction.' 'Leave to appeal against sentence granted, but appeal dismissed.']