REGINA v SILVER [1999] NSWCCA 108

REGINA v SILVER [1999] NSWCCA 108

Although there was an error in failing to specify reasons for the finding of special circumstances, the circumstances of the respondent’s rehabilitation, combined with the principle of double jeopardy and his release from custody, justified upholding the original sentence and dismissing the Crown's appeal.

Jurisdiction
Australia
Judgment Date
12 May 1999
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Post Sentencing Appeal
Outcome
appeal dismissed
Legal Topics
['sentencing' 'aggravated Armed Robbery' 'special Circumstances' 'double Jeopardy']
['criminal Law'] ['sentencing' 'aggravated Armed Robbery' 'special Circumstances' 'double Jeopardy']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Post Sentencing Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in failing to provide reasons for the finding of 'special circumstances' under s 5(2) of the Sentencing Act 1989" 'Whether the sentence imposed, specifically the minimum term, was manifestly inadequate']

Ratio Decidendi

Although there was an error in failing to specify reasons for the finding of special circumstances, the circumstances of the respondent’s rehabilitation, combined with the principle of double jeopardy and his release from custody, justified upholding the original sentence and dismissing the Crown's appeal.

Court Disposition

appeal dismissed

Orders

  • ['Crown appeal against sentence dismissed']