Regina v Baxter [2005] NSWCCA 234

Regina v Baxter [2005] NSWCCA 234

Although the sentencing judge erred in using s21A aggravating factors, including the use of prior convictions as aggravating the offence and the treatment of some offending as committed in company, the Court was not persuaded that any other sentence should have been passed. The offences were serious, involved separate victims, conditional liberty, vulnerability and emotional harm, and the concurrent sentences showed significant leniency. Leave to appeal was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
28 June 2005
Procedural Posture
Appeal Against Sentence / Application for Leave to Appeal and Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['discount for Plea of Guilty' 'aggravating Factors Under S21 a Crimes (sentencing Procedure) Act' 'break, Enter and Steal' 'aggravated Break, Enter and Steal' 'prior Convictions in Sentencing' 'totality']
['criminal Law' 'sentencing'] ['discount for Plea of Guilty' 'aggravating Factors Under S21 a Crimes (sentencing Procedure) Act' 'break, Enter and Steal' 'aggravated Break, Enter and Steal' 'prior Convictions in Sentencing' 'totality']

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Procedural Posture

Appeal Against Sentence / Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in determining the utilitarian value of the applicant's pleas of guilty." 'Whether the sentencing judge erred in assessing aggravating features of the offences under s21A of the Crimes (Sentencing Procedure) Act.' 'Whether, despite identified sentencing error, some other sentence should have been passed.']

Ratio Decidendi

Although the sentencing judge erred in using s21A aggravating factors, including the use of prior convictions as aggravating the offence and the treatment of some offending as committed in company, the Court was not persuaded that any other sentence should have been passed. The offences were serious, involved separate victims, conditional liberty, vulnerability and emotional harm, and the concurrent sentences showed significant leniency. Leave to appeal was granted but the appeal was dismissed.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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