Regina v BOA MORTE [2003] NSWCCA 75

Regina v BOA MORTE [2003] NSWCCA 75

Although the trial judge erred in separately indicating a sentence for the Form 1 offence, the appeal was dismissed because no other sentence was warranted in law and the overall sentence imposed was within the proper range, applying the relevant sentencing principles and guidelines.

Parties
Respondent: Regina; Applicant: Milton Pinto Costa Boa Morte
Jurisdiction
Australia
Judgment Date
19 March 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Judgment on Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Robbery in Company, Form 1 Offence, Application of Henry Guidelines
Criminal Law Sentence Appeal Robbery in Company Form 1 Offence Application of Henry Guidelines

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Respondent

Milton Pinto Costa Boa Morte

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge erred by imposing a separate sentence for the offence listed on Form 1.
  2. 2 Whether the sentence was manifestly excessive.
  3. 3 Whether the trial judge failed to properly assess the objective and subjective circumstances of the offender and applied the Henry guidelines appropriately.

Ratio Decidendi

Although the trial judge erred in separately indicating a sentence for the Form 1 offence, the appeal was dismissed because no other sentence was warranted in law and the overall sentence imposed was within the proper range, applying the relevant sentencing principles and guidelines.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed