REGINA v SHENTON [2003] NSWCCA 346

REGINA v SHENTON [2003] NSWCCA 346

No error was demonstrated in the sentencing decision; although the exact discount was not expressly stated, a significant discount was given and the approach of the sentencing judge was correct given the circumstances and timing of the plea.

Parties
Respondent: Regina; Applicant: Patrick Neville Shenton
Jurisdiction
Australia
Judgment Date
17 November 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentence, Discount for Plea of Guilty, Policy for Explicit Statement of Discount
Criminal Law Sentence Discount for Plea of Guilty Policy for Explicit Statement of Discount

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Parties

Regina

Respondent

Patrick Neville Shenton

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in not explicitly stating the extent of discount allowed for the guilty plea
  2. 2 Whether the discount applied for the plea of guilty was adequate given the circumstances

Ratio Decidendi

No error was demonstrated in the sentencing decision; although the exact discount was not expressly stated, a significant discount was given and the approach of the sentencing judge was correct given the circumstances and timing of the plea.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed