Regina v Phillip John SCOTT [1999] NSWCCA 434

Regina v Phillip John SCOTT [1999] NSWCCA 434

No error was demonstrated in the sentencing Judge's approach regarding the minimum term; the sentence properly balanced objective gravity, aggravating circumstances, and subjective features including rehabilitation and mercy.

Parties
Respondent: Regina; Applicant: Phillip John Scott
Jurisdiction
Australia
Judgment Date
16 December 1999
Procedural Posture
Criminal Appeal / Leave to Appeal and Substantive Appeal Against Sentence
Outcome
leave granted to appeal, appeal against severity dismissed
Legal Topics
Breaking, Entering and Stealing, Sentencing, Bail Conditions
Criminal Law Breaking, Entering and Stealing Sentencing Bail Conditions

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Phillip John Scott

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal and Substantive Appeal Against Sentence

Legal Issues

  1. 1 Whether the minimum term in the applicant's sentence was manifestly excessive
  2. 2 Whether sufficient attention was given to factors of mercy and rehabilitation in sentencing

Ratio Decidendi

No error was demonstrated in the sentencing Judge's approach regarding the minimum term; the sentence properly balanced objective gravity, aggravating circumstances, and subjective features including rehabilitation and mercy.

Court Disposition

leave granted to appeal, appeal against severity dismissed

Orders

  • leave granted to appeal against sentences
  • appeal against severity of sentences dismissed for each sentence