R v. Berrell [2003] NSWCCA 85

R v. Berrell [2003] NSWCCA 85

The sentencing judge correctly approached the sentencing task, including the discount for the early guilty pleas, special circumstances, concurrency and totality. The offences involved a large number of serious, premeditated aggravated armed robberies with a pistol or replica pistol and terrified victims. The applicant's subjective circumstances were given significant weight but did not warrant lesser sentences, and no error justifying appellate intervention was shown.

Jurisdiction
Australia
Judgment Date
27 March 2003
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['aggravated Armed Robbery' 'leave to Appeal Against Sentence' 'manifest Excess' 'totality' 'early Guilty Plea' 'assistance to Police' 'mental Illness Defence' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Armed Robbery' 'leave to Appeal Against Sentence' 'manifest Excess' 'totality' 'early Guilty Plea' 'assistance to Police' 'mental Illness Defence' 'special Circumstances']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave to appeal against the length of concurrent sentences should be granted.' 'Whether the sentences for multiple aggravated armed robberies and related offences were excessive.' 'Whether the applicant had been denied a fair trial or poorly represented.' 'Whether a defence of mental illness had prospects of success.' 'Whether the applicant should have received an Ellis discount for assistance to police.']

Ratio Decidendi

The sentencing judge correctly approached the sentencing task, including the discount for the early guilty pleas, special circumstances, concurrency and totality. The offences involved a large number of serious, premeditated aggravated armed robberies with a pistol or replica pistol and terrified victims. The applicant's subjective circumstances were given significant weight but did not warrant lesser sentences, and no error justifying appellate intervention was shown.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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