R v S.D. [2000] NSWCCA 43

R v S.D. [2000] NSWCCA 43

Although the applicant was entitled to substantial allowances for early guilty pleas, admissions and valuable assistance to authorities, the extent and seriousness of the criminality, the use of knives, scissors and blood filled syringes, the large number of offences taken into account, the prior armed robbery conviction, and the fact that the offences occurred shortly after release on parole meant that lengthy sentences were required. The effective sentences imposed reflected a substantial overall discount and were within the sound exercise of the sentencing discretion.

Jurisdiction
Australia
Judgment Date
25 February 2000
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the Court of Criminal Appeal
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['multiple Armed Robberies' 'severity Appeal' 'guilty Plea Discount' 'assistance to Authorities' 'offences Committed Shortly After Release on Parole' 'special Circumstances']
['criminal Law' 'sentencing'] ['multiple Armed Robberies' 'severity Appeal' 'guilty Plea Discount' 'assistance to Authorities' 'offences Committed Shortly After Release on Parole' 'special Circumstances']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the concurrent sentences for six armed robbery charges were excessive in light of the applicant's guilty pleas and admissions where the Crown case would otherwise have failed on many matters." "Whether the sentencing judge gave sufficient allowance for the applicant's valuable assistance to authorities in an unrelated murder matter." "Whether the sentences were within the sound exercise of the sentencing judge's discretion given the seriousness and extent of the offending, prior record, and commission shortly after release on parole."]

Ratio Decidendi

Although the applicant was entitled to substantial allowances for early guilty pleas, admissions and valuable assistance to authorities, the extent and seriousness of the criminality, the use of knives, scissors and blood filled syringes, the large number of offences taken into account, the prior armed robbery conviction, and the fact that the offences occurred shortly after release on parole meant that lengthy sentences were required. The effective sentences imposed reflected a substantial overall discount and were within the sound exercise of the sentencing discretion.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['The application for leave to appeal is granted.' 'The appeal is dismissed.']