REGINA v STEPHENS [1999] NSWCCA 80

REGINA v STEPHENS [1999] NSWCCA 80

The applicant failed to demonstrate error in the re-determination. McInerney J took account of the applicant's rehabilitation, was entitled to conclude that the applicant had not yet faced up to the gravity of the crime, correctly treated the guilty plea as a realisation of the inevitable with only minimal utilitarian value, and the sentence was not outside the appropriate range.

Jurisdiction
Australia
Judgment Date
22 April 1999
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Out of Time From Re Determination of Minimum Term and Additional Term Under S13 a of the Sentencing Act 1989
Outcome
Leave to appeal out of time granted; appeal dismissed.
Legal Topics
['murder' 'application for Determination of Minimum Term and Additional Term' 'excessive Sentence' 'plea of Guilty' 'rehabilitation' 'contrition']
['criminal Law' 'sentencing'] ['murder' 'application for Determination of Minimum Term and Additional Term' 'excessive Sentence' 'plea of Guilty' 'rehabilitation' 'contrition']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Out of Time From Re Determination of Minimum Term and Additional Term Under S13 a of the Sentencing Act 1989

Legal Issues

  1. 1 ['Whether the sentencing judge erred by finding that the applicant was unable to show contrition for murdering his wife.' "Whether the sentencing judge gave insufficient weight to the applicant's plea of guilty." "Whether the sentencing judge failed to give sufficient weight to the applicant's rehabilitation." 'Whether the re-determined sentence was manifestly excessive.']

Ratio Decidendi

The applicant failed to demonstrate error in the re-determination. McInerney J took account of the applicant's rehabilitation, was entitled to conclude that the applicant had not yet faced up to the gravity of the crime, correctly treated the guilty plea as a realisation of the inevitable with only minimal utilitarian value, and the sentence was not outside the appropriate range.

Court Disposition

Leave to appeal out of time granted; appeal dismissed.

Orders

  • ['Leave to the appellant, Patrick James Stephens, to appeal out of time;' 'Appeal dismissed.']