Regina v Webb [2004] NSWCCA 330

Regina v Webb [2004] NSWCCA 330

The sentencing judge did not err in declining to treat the period on bail as warranting a reduction in sentence, made an appropriate discount for the utilitarian value of the guilty plea, took proper account of extra curial punishment, and the sentence imposed was not manifestly excessive considering the seriousness of the offences and relevant mitigating and aggravating factors.

Parties
Crown: Regina; Applicant: Paul John Webb
Jurisdiction
Australia
Judgment Date
01 September 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Sentence, Possession of Prohibited Weapons, Malicious Damage to Property, Drug Induced Psychosis, Mitigation, Extra Curial Punishment
Criminal Law Sentence Possession of Prohibited Weapons Malicious Damage to Property Drug Induced Psychosis Mitigation Extra Curial Punishment

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Parties

Regina

Crown

Paul John Webb

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether sentencing judge erred in not making allowance for restrictive bail conditions
  2. 2 Whether sentencing judge erred in the allowance for utilitarian value of guilty plea
  3. 3 Whether sentence is manifestly excessive

Ratio Decidendi

The sentencing judge did not err in declining to treat the period on bail as warranting a reduction in sentence, made an appropriate discount for the utilitarian value of the guilty plea, took proper account of extra curial punishment, and the sentence imposed was not manifestly excessive considering the seriousness of the offences and relevant mitigating and aggravating factors.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal granted but appeal against sentence dismissed