Regina v SLR [2000] NSWCCA 436
The appeal is allowed to the extent of varying the direction; applicant to serve sentence in juvenile detention centre until she gives birth, thereafter transferred to adult prison to facilitate the mother and child programme. The quantum of the sentences is not disturbed as hardship to a third party does not meet the demanding test for leniency.
- Jurisdiction
- Australia
- Judgment Date
- 25 February 2000
- Procedural Posture
- Criminal Sentence Appeal / Court of Criminal Appeal, Leave to Appeal and Variation of Order
- Outcome
- Appeal allowed in part
- Legal Topics
- ['sentence Appeal' 'detention Centre Orders' 'mother and Child Programme' 'aboriginal Offenders']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal, Leave to Appeal and Variation of Order
Legal Issues
- 1 ['Whether sentence should be varied to accommodate facilities for mother and child during detention' 'Whether hardship to a third person warrants leniency in sentencing' "Appropriateness of custodial sentence considering applicant's pregnancy"]
Ratio Decidendi
The appeal is allowed to the extent of varying the direction; applicant to serve sentence in juvenile detention centre until she gives birth, thereafter transferred to adult prison to facilitate the mother and child programme. The quantum of the sentences is not disturbed as hardship to a third party does not meet the demanding test for leniency.
Court Disposition
Appeal allowed in part
Orders
- ['Leave to appeal granted' 'Direction varied: Applicant to serve sentence in juvenile detention centre until giving birth, thereafter transferred to adult prison']
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