Regina v Perry Jeffrey Bettler [2004] NSWCCA 418

Regina v Perry Jeffrey Bettler [2004] NSWCCA 418

The District Court sentences imposed were appropriate given the objective seriousness of the offences, lack of genuine remorse for wrongdoing, and taking into account pre-trial custody and other relevant factors. The appeal was dismissed as the sentences were well within the sentencing judge's discretion.

Parties
Respondent: Regina; Applicant: Perry Jeffrey Bettler
Jurisdiction
Australia
Judgment Date
25 November 2004
Procedural Posture
Criminal Appeal / Appeal From District Court, Leave to Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Break and Enter, Remorse, Discount for Plea, Specific Deterrence
Criminal Law Sentencing Break and Enter Remorse Discount for Plea Specific Deterrence

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Parties

Regina

Respondent

Perry Jeffrey Bettler

Applicant

Procedural Posture

Criminal Appeal / Appeal From District Court, Leave to Appeal

Legal Issues

  1. 1 Were the sentences imposed upon the applicant excessively harsh?
  2. 2 Did the sentencing judge err in assessing remorse, hardship, or pre-trial custody?
  3. 3 Did payment to the New South Wales Crime Commission impact sentence properly?

Ratio Decidendi

The District Court sentences imposed were appropriate given the objective seriousness of the offences, lack of genuine remorse for wrongdoing, and taking into account pre-trial custody and other relevant factors. The appeal was dismissed as the sentences were well within the sentencing judge's discretion.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.