Regina v Robert Samuel Hookey [2004] NSWCCA 223

Regina v Robert Samuel Hookey [2004] NSWCCA 223

Despite technical merit in the complaint about the sentencing judge's failure to adequately address special circumstances, the offences' seriousness and the need for general deterrence meant that no lesser sentence was warranted; the minimum non-parole period imposed was appropriate and the appeal should be dismissed.

Jurisdiction
Australia
Judgment Date
01 July 2004
Procedural Posture
Criminal / Application for Leave to Appeal Against Sentence; Appellate Decision
Outcome
Application for leave granted; appeal dismissed.
Legal Topics
['sentencing' 'special Circumstances' 'non Parole Period' 'appeal Against Sentence']
['criminal Law'] ['sentencing' 'special Circumstances' 'non Parole Period' 'appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal / Application for Leave to Appeal Against Sentence; Appellate Decision

Legal Issues

  1. 1 ['Whether the sentencing judge erred in not finding special circumstances and thus not reducing the non-parole period below the statutory ratio.']

Ratio Decidendi

Despite technical merit in the complaint about the sentencing judge's failure to adequately address special circumstances, the offences' seriousness and the need for general deterrence meant that no lesser sentence was warranted; the minimum non-parole period imposed was appropriate and the appeal should be dismissed.

Court Disposition

Application for leave granted; appeal dismissed.

Orders

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