MARCUS v REGINA [2007] NSWCCA 229

MARCUS v REGINA [2007] NSWCCA 229

It is not an error justifying appellate intervention for a sentencing judge to fail to specify the numerical value of the discount for a guilty plea, provided there is clear indication the plea was taken into account. The objective and subjective circumstances of the offence justified the sentence imposed.

Jurisdiction
Australia
Judgment Date
02 August 2007
Procedural Posture
Sentence Appeal / Leave to Appeal and Appeal Hearing
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentence Appeal' 'discount for Guilty Plea' 'manifest Excess']
['criminal Law'] ['sentence Appeal' 'discount for Guilty Plea' 'manifest Excess']

Case Brief

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Procedural Posture

Sentence Appeal / Leave to Appeal and Appeal Hearing

Legal Issues

  1. 1 ['failure to quantify discount for guilty plea' 'whether sentence was manifestly excessive']

Ratio Decidendi

It is not an error justifying appellate intervention for a sentencing judge to fail to specify the numerical value of the discount for a guilty plea, provided there is clear indication the plea was taken into account. The objective and subjective circumstances of the offence justified the sentence imposed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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