R v Buhagiar [2001] NSWCCA 376

R v Buhagiar [2001] NSWCCA 376

Although the sentencing judge erred in the application of the Ellis principle, the seriousness of the offence, including commission while on parole, being in company, deprivation of the victim's liberty and threats, meant that a starting point of about six-and-a-half to seven years was appropriate. After reductions for the guilty plea and the Ellis factor, a sentence of about four years was proper, so the Court should not quash the sentence.

Jurisdiction
Australia
Judgment Date
08 August 2001
Procedural Posture
Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break, Enter and Steal' 'guilty Plea' 'assistance to Police' 'ellis Discount' 'manifest Excess']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'guilty Plea' 'assistance to Police' 'ellis Discount' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge failed to apply the principle in R v Ellis (1986) 6 NSWLR 603.' 'Whether the sentence was manifestly excessive even if the Ellis factor had been taken into account.']

Ratio Decidendi

Although the sentencing judge erred in the application of the Ellis principle, the seriousness of the offence, including commission while on parole, being in company, deprivation of the victim's liberty and threats, meant that a starting point of about six-and-a-half to seven years was appropriate. After reductions for the guilty plea and the Ellis factor, a sentence of about four years was proper, so the Court should not quash the sentence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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