REGINA v ROWLEY [2004] NSWCCA 388

REGINA v ROWLEY [2004] NSWCCA 388

The sentence for aggravated break, enter and steal, imposed concurrently with another sentence, gave due regard to totality; the applicant's subjective circumstances were of very little assistance in mitigation; and, having regard to his antecedents and the nature of the crime, the sentence was at the bottom of the range of appropriate sentences. The Court was not satisfied that a lesser sentence was warranted in law or should have been imposed, so it would not intervene.

Jurisdiction
Australia
Judgment Date
12 November 2004
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['aggravated Break, Enter and Steal' 'drug Court' 'competency of Appeals' 'constitution of Court of Criminal Appeal' 'guilty Plea' 'non Parole Period' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'drug Court' 'competency of Appeals' 'constitution of Court of Criminal Appeal' 'guilty Plea' 'non Parole Period' 'totality' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the applicant should have leave to appeal against the sentence imposed for aggravated break, enter and steal contrary to s 112(2) of the Crimes Act 1900.' "Whether the sentencing judge failed to give proper weight to the applicant's plea of guilty." 'Whether the sentencing judge should have set a non-parole period rather than fixing a single term.' "Whether the sentencing judge failed to give due weight to the applicant's subjective circumstances." 'Whether a lesser sentence was warranted in law or should have been imposed.']

Ratio Decidendi

The sentence for aggravated break, enter and steal, imposed concurrently with another sentence, gave due regard to totality; the applicant's subjective circumstances were of very little assistance in mitigation; and, having regard to his antecedents and the nature of the crime, the sentence was at the bottom of the range of appropriate sentences. The Court was not satisfied that a lesser sentence was warranted in law or should have been imposed, so it would not intervene.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']