Regina v Kitiona [1999] NSWCCA 393

Regina v Kitiona [1999] NSWCCA 393

Although the sentence imposed was a heavy one, it was not outside the proper exercise of judicial discretion. There was no obligation on the sentencing judge to find special circumstances or adjust the additional term for rehabilitation. No ground was demonstrated for disturbing the sentence imposed.

Jurisdiction
Australia
Judgment Date
06 December 1999
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['sentencing' 'armed Robbery in Company' 'excessive Sentence' 'special Circumstances']
['criminal Law'] ['sentencing' 'armed Robbery in Company' 'excessive Sentence' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether the sentencing judge erred in failing to find special circumstances']

Ratio Decidendi

Although the sentence imposed was a heavy one, it was not outside the proper exercise of judicial discretion. There was no obligation on the sentencing judge to find special circumstances or adjust the additional term for rehabilitation. No ground was demonstrated for disturbing the sentence imposed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.']