Regina v Andrews [2001] NSWCCA 428

Regina v Andrews [2001] NSWCCA 428

The sentencing judge did not err in assessing the plea of guilty, the criminality was of a very high order and the sentence was not manifestly excessive, and it was open to the sentencing judge to find that no special circumstances existed. Leave to appeal was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
12 October 2001
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['sentence' 'aggravated Sexual Intercourse Without Consent' 'plea of Guilty Discount' 'manifestly Excessive Sentence' 'special Circumstances' 'non Parole Period']
['criminal Law and Procedure'] ['sentence' 'aggravated Sexual Intercourse Without Consent' 'plea of Guilty Discount' 'manifestly Excessive Sentence' 'special Circumstances' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give sufficient weight to the applicant's plea of guilty." 'Whether the sentence was manifestly excessive.' 'Whether the sentencing judge erred in refusing to find special circumstances justifying a reduction of the non-parole period.']

Ratio Decidendi

The sentencing judge did not err in assessing the plea of guilty, the criminality was of a very high order and the sentence was not manifestly excessive, and it was open to the sentencing judge to find that no special circumstances existed. Leave to appeal was granted but the appeal was dismissed.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal granted.' 'Appeal dismissed.']