Owens v R [2017] NSWCCA 16

Owens v R [2017] NSWCCA 16

The Court held that the sentencing Judge did not misapply the R v Henry guideline, did not fail to consider alternatives to full-time imprisonment, did not err in referring to sentencing statistics, did not double count the element that the offence was committed in company, and did not impose a sentence that was unreasonable or plainly unjust. The Applicant failed to establish any sentencing error, so leave to appeal was granted but the appeal against sentence was dismissed.

Jurisdiction
Australia
Judgment Date
24 February 2017
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the Sydney District Court
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['robbery in Company' 'guideline Judgments' 'r V Henry Guideline' 'manifest Excess' 'full Time Imprisonment' 'double Counting Aggravating Factors' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['robbery in Company' 'guideline Judgments' 'r V Henry Guideline' 'manifest Excess' 'full Time Imprisonment' 'double Counting Aggravating Factors' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the Sydney District Court

Legal Issues

  1. 1 ['Whether the sentencing Judge misapplied the guideline judgment in R v Henry by treating it as prescriptive rather than as a guide.' "Whether exceptional circumstances distinguished the R v Henry guideline, particularly in light of the Applicant's rehabilitation and guilty plea." 'Whether the sentencing Judge erred in using sentencing statistics to justify a full-time custodial sentence.' 'Whether the sentencing Judge failed to consider alternatives to full-time imprisonment under s.5 Crimes (Sentencing Procedure) Act 1999.' 'Whether the sentencing Judge double counted the fact that the offence was committed in company as an aggravating factor.' 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

The Court held that the sentencing Judge did not misapply the R v Henry guideline, did not fail to consider alternatives to full-time imprisonment, did not err in referring to sentencing statistics, did not double count the element that the offence was committed in company, and did not impose a sentence that was unreasonable or plainly unjust. The Applicant failed to establish any sentencing error, so leave to appeal was granted but the appeal against sentence was dismissed.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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