Campbell v Regina [2007] NSWCCA 137

Campbell v Regina [2007] NSWCCA 137

The applicant's disclosures did not warrant an added Ellis element of leniency because all subject offences had been reported, the police had pawn slips in the applicant's name, fingerprints linked him to two break enter and steal offences, and there was a very strong possibility his guilt on the remaining offences would have been established without the admissions. The sentencing judge's findings concerning the seriousness and series of offences, the applicant's record, offending while subject to a suspended sentence and bail, deterrence, guilty pleas and hardship in custody justified the sentences. No error was established and no less severe sentence was warranted.

Jurisdiction
Australia
Judgment Date
24 May 2007
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence' 'ellis Discount' 'voluntary Disclosure of Guilt' 'manifestly Excessive Sentence' 'break Enter and Steal' 'receiving or Disposing of Stolen Property']
['criminal Law'] ['sentence' 'ellis Discount' 'voluntary Disclosure of Guilt' 'manifestly Excessive Sentence' 'break Enter and Steal' 'receiving or Disposing of Stolen Property']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by giving no or insufficient weight to the applicant's voluntary disclosure of guilt under R v Ellis (1986) 6 NSWLR 603." 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

The applicant's disclosures did not warrant an added Ellis element of leniency because all subject offences had been reported, the police had pawn slips in the applicant's name, fingerprints linked him to two break enter and steal offences, and there was a very strong possibility his guilt on the remaining offences would have been established without the admissions. The sentencing judge's findings concerning the seriousness and series of offences, the applicant's record, offending while subject to a suspended sentence and bail, deterrence, guilty pleas and hardship in custody justified the sentences. No error was established and no less severe sentence was warranted.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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