R v "R" [2000] NSWCCA 163
The applicant's assistance to authorities was not given adequate weight in the original sentence, and taken with other mitigating factors including contrition, prospects of rehabilitation, and circumstances of addiction, warranted a reduction in sentence.
- Jurisdiction
- Australia
- Judgment Date
- 14 April 2000
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence From District Court
- Outcome
- Leave to appeal granted; appeal allowed in part; resentencing orders made.
- Legal Topics
- ['robbery in Company' 'sentencing' 'assistance to Authorities' 'guilty Plea' 'mitigating Factors' 'special Circumstances']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Sentence From District Court
Legal Issues
- 1 ["Whether the sentences imposed sufficiently reflected the applicant's plea of guilty and assistance to authorities" 'Whether the total sentence imposed was manifestly excessive']
Ratio Decidendi
The applicant's assistance to authorities was not given adequate weight in the original sentence, and taken with other mitigating factors including contrition, prospects of rehabilitation, and circumstances of addiction, warranted a reduction in sentence.
Court Disposition
Leave to appeal granted; appeal allowed in part; resentencing orders made.
Orders
- ['Leave to appeal granted.' 'Appeal against the sentence on the first count dismissed.' 'Sentences on the second and third counts quashed.' 'On the second count, applicant sentenced to imprisonment for a non-parole period of six months commencing on 30 December 2000.' 'On the third count, applicant sentenced to...
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