R v Scott [2003] NSWCCA 286

R v Scott [2003] NSWCCA 286

The sentencing judge did not err in allowing a 25 per cent discount. The judge was entitled to treat that discount as reflecting the matters manifested by the pleas themselves, including utilitarian value, sparing witnesses and remorse evidenced by the pleas, while separately taking the applicant's broader remorse, contrition and rehabilitation into account in the overall sentencing exercise. No lesser sentence was warranted given the objective seriousness of the offence, so the appeal failed under s 6(3) of the Criminal Appeal Act 1912.

Jurisdiction
Australia
Judgment Date
07 October 2003
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['discount for Plea of Guilty' 'remorse and Contrition' 'utilitarian Value of Plea' 'wounding With Intent to Do Grievous Bodily Harm']
['criminal Law' 'criminal Procedure' 'sentencing'] ['discount for Plea of Guilty' 'remorse and Contrition' 'utilitarian Value of Plea' 'wounding With Intent to Do Grievous Bodily Harm']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing a 25 per cent discount for the plea of guilty and contrition.' 'Whether the applicant was entitled to a separate or greater discount on account of the utilitarian value of the plea and evidence of remorse.']

Ratio Decidendi

The sentencing judge did not err in allowing a 25 per cent discount. The judge was entitled to treat that discount as reflecting the matters manifested by the pleas themselves, including utilitarian value, sparing witnesses and remorse evidenced by the pleas, while separately taking the applicant's broader remorse, contrition and rehabilitation into account in the overall sentencing exercise. No lesser sentence was warranted given the objective seriousness of the offence, so the appeal failed under s 6(3) of the Criminal Appeal Act 1912.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal is granted.' 'The appeal is dismissed.']