Regina v Fraser [1999] NSWCCA 212

Regina v Fraser [1999] NSWCCA 212

The Court found that the sentence imposed was excessive and that, considering the applicant's less extensive criminality and favourable subjective features compared to the co-accused, a minimum term of nine months and an additional term of twenty-one months was appropriate.

Jurisdiction
Australia
Judgment Date
19 July 1999
Procedural Posture
Criminal Appeal / Leave to Appeal and Re Sentencing
Outcome
appeal allowed
Legal Topics
['sentencing' 'parity' 'robbery']
['criminal Law'] ['sentencing' 'parity' 'robbery']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Leave to Appeal and Re Sentencing

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether the principle requiring custodial sentences for robbery was over-stated' 'Whether parity with the co-accused was properly considered']

Ratio Decidendi

The Court found that the sentence imposed was excessive and that, considering the applicant's less extensive criminality and favourable subjective features compared to the co-accused, a minimum term of nine months and an additional term of twenty-one months was appropriate.

Court Disposition

appeal allowed

Orders

  • ['Leave to appeal granted.' 'In lieu of the sentence imposed, the applicant is sentenced to a minimum term of nine months commencing 26 October 1998 and expiring on 25 July 1999 and an additional term of twenty-one months starting on 26 July 1999 and expiring on 25 April 2001.']