R v. White [2003] NSWCCA 88

R v. White [2003] NSWCCA 88

While the applicant's difficulties obtaining ADHD medication post-release were regrettable, they did not materially contribute to the commission of the offences, which were committed many months later. Given the applicant's heavy criminal record, the sentences imposed were not excessive, and the judge did not err in declining non-custodial or rehabilitation alternatives. Leave to appeal was granted, but the appeal against sentence was dismissed.

Parties
Respondent: Regina; Applicant: Michael Scott White
Jurisdiction
Australia
Judgment Date
25 March 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal on Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Break, Enter and Steal Offences, Sentencing of Repeat Offenders, Role of Mental Health in Sentencing, Discount for Early Guilty Plea
Criminal Law Break, Enter and Steal Offences Sentencing of Repeat Offenders Role of Mental Health in Sentencing Discount for Early Guilty Plea

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Parties

Regina

Respondent

Michael Scott White

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal on Sentence

Legal Issues

  1. 1 Whether sentences imposed were excessive
  2. 2 Whether mental health issues and parole release procedures were adequately considered by the sentencing judge
  3. 3 Whether time served on remand and exclusion from Drug Court ballot were adequately considered

Ratio Decidendi

While the applicant's difficulties obtaining ADHD medication post-release were regrettable, they did not materially contribute to the commission of the offences, which were committed many months later. Given the applicant's heavy criminal record, the sentences imposed were not excessive, and the judge did not err in declining non-custodial or rehabilitation alternatives. Leave to appeal was granted, but the appeal against sentence was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed