NEWBURN Ronald Neville v R [2008] NSWCCA 57

NEWBURN Ronald Neville v R [2008] NSWCCA 57

The sentencing judge took account of all relevant facts including the applicant's plea of guilty, assistance to authorities, and personal circumstances, and the sentences imposed were within a reasonable range, with no error in the approach to pre-sentence custody; neither ground of appeal was made out.

Parties
Applicant: Ronald Neville Newburn; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 March 2008
Procedural Posture
Criminal Appeal / Court of Criminal Appeal – Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Plea of Guilty, Manifest Excess, Pre Sentence Custody, Discount for Assistance, Deterrence, Totality
Criminal Law Sentencing Plea of Guilty Manifest Excess Pre Sentence Custody Discount for Assistance Deterrence Totality

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Parties

Ronald Neville Newburn

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal – Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Whether there was error in the approach to pre-sentence custody

Ratio Decidendi

The sentencing judge took account of all relevant facts including the applicant's plea of guilty, assistance to authorities, and personal circumstances, and the sentences imposed were within a reasonable range, with no error in the approach to pre-sentence custody; neither ground of appeal was made out.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed