REGINA v. PIPES [2004] NSWCCA 351

REGINA v. PIPES [2004] NSWCCA 351

No error was found in the sentencing judge’s exercise of discretion; the period to be served in custody was appropriate given the gravity of the offence, breach of trust, and subjective factors; leave to appeal was granted but the appeal dismissed.

Jurisdiction
Australia
Judgment Date
08 October 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Judgment
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentence' 'appeal' 'commonwealth Offences' 'recognizance Release Order' 'manifestly Excessive']
['criminal Law'] ['sentence' 'appeal' 'commonwealth Offences' 'recognizance Release Order' 'manifestly Excessive']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence; Judgment

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether the applicant required more supervision in the community due to gambling and alcoholism' 'Whether the sentencing judge erred in findings regarding the cause of the theft']

Ratio Decidendi

No error was found in the sentencing judge’s exercise of discretion; the period to be served in custody was appropriate given the gravity of the offence, breach of trust, and subjective factors; leave to appeal was granted but the appeal dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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