Regina v Maxfield [2005] NSWCCA 136

Regina v Maxfield [2005] NSWCCA 136

The sentencing judge did not err in finding and applying special circumstances under s 44 to the relevant sentence. The overall sentence, including the setting of non-parole periods and fixed terms, was imposed correctly, and there was no basis to warrant a lesser sentence.

Parties
Respondent: Regina; Applicant: Robert Paul Maxfield
Jurisdiction
Australia
Judgment Date
30 March 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentence Severity, Special Circumstances, Armed Robbery, Sentencing Procedure
Criminal Law Sentence Severity Special Circumstances Armed Robbery Sentencing Procedure

Case Brief

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Parties

Regina

Respondent

Robert Paul Maxfield

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in applying special circumstances under s 44 Crimes (Sentencing Procedure) Act 1999 relating to the relationship between the aggregate head sentence and the non-parole period

Ratio Decidendi

The sentencing judge did not err in finding and applying special circumstances under s 44 to the relevant sentence. The overall sentence, including the setting of non-parole periods and fixed terms, was imposed correctly, and there was no basis to warrant a lesser sentence.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed