R v HONEYMAN [2003] NSWCCA 292

R v HONEYMAN [2003] NSWCCA 292

The sentencing judge did not err in allowing a discount for the utilitarian value of the applicant's plea or in taking pre-sentence custody into account. The sentence imposed was not more severe than warranted, and no other sentence should have been passed.

Parties
Crown: Regina; Applicant: Scott Kenneth Honeyman
Jurisdiction
Australia
Judgment Date
01 October 2003
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; Appeal dismissed
Legal Topics
Sentencing, Discount for Plea of Guilty, Pre Sentence Custody
Criminal Law Sentencing Discount for Plea of Guilty Pre Sentence Custody

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Parties

Regina

Crown

Scott Kenneth Honeyman

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to properly discount the sentence for the utilitarian value of the applicant's plea of guilty
  2. 2 Whether the sentencing judge failed to take into account the applicant's pre-sentence custody in relation to the non-parole period

Ratio Decidendi

The sentencing judge did not err in allowing a discount for the utilitarian value of the applicant's plea or in taking pre-sentence custody into account. The sentence imposed was not more severe than warranted, and no other sentence should have been passed.

Court Disposition

Leave to appeal granted; Appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed