Regina v Stott [2005] NSWCCA 36

Regina v Stott [2005] NSWCCA 36

Given the exceptionally serious and protracted offending, and the applicant's lack of contrition and high risk of re-offending, the sentence imposed was within the bounds of a sound exercise of sentencing discretion and not manifestly excessive.

Parties
Appellant: Regina; Respondent: Wendy Frances Stott
Jurisdiction
Australia
Judgment Date
17 February 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
Appeal dismissed
Legal Topics
Sentence, Detention for Advantage, Severity of Sentence, Proportionality, Preventive Detention
Criminal Law Sentence Detention for Advantage Severity of Sentence Proportionality Preventive Detention

Case Brief

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Parties

Regina

Appellant

Wendy Frances Stott

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge erred in finding the risk of re-offending outweighed the applicant's subjective features

Ratio Decidendi

Given the exceptionally serious and protracted offending, and the applicant's lack of contrition and high risk of re-offending, the sentence imposed was within the bounds of a sound exercise of sentencing discretion and not manifestly excessive.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal against sentence granted
  • Appeal dismissed