REGINA v. RUDENKO [2001] NSWCCA 519

REGINA v. RUDENKO [2001] NSWCCA 519

The sentencing judge did not err in principle or outcome; application of the R v Henry guideline, use of Judicial Commission statistics, and approach to special circumstances were proper, and the sentence was within the permissible legal range.

Jurisdiction
Australia
Judgment Date
12 December 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal' 'sentence' 'robbery' 'drug Addiction' 'application of R V Henry' 'application of Judicial Commission Statistics' 'exercise of Discretion']
['criminal Law'] ['appeal' 'sentence' 'robbery' 'drug Addiction' 'application of R V Henry' 'application of Judicial Commission Statistics' 'exercise of Discretion']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in the exercise of discretion in sentencing the applicant for robbery' 'Whether misapplication of the guideline judgment in R v Henry occurred' 'Whether misuse of Judicial Commission sentencing statistics affected sentence' 'Whether special circumstances should have been found to vary the statutory parole/non-parole ratio']

Ratio Decidendi

The sentencing judge did not err in principle or outcome; application of the R v Henry guideline, use of Judicial Commission statistics, and approach to special circumstances were proper, and the sentence was within the permissible legal range.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']