Regina v Lowe [2006] NSWCCA 10

Regina v Lowe [2006] NSWCCA 10

Leave to appeal was refused because the twelve-month sentence of imprisonment, wholly suspended, for intimidation was not manifestly excessive, the transcript showed the sentencing judge had considered the plea and non-custodial alternatives, any non-parole-period error had no practical consequence after expiry of the suspended sentence with no breach, and the application lacked practical focus and merit. The adjournment to pursue a later contest to the guilty plea was also refused.

Jurisdiction
Australia
Judgment Date
02 February 2006
Procedural Posture
Criminal Application for Leave to Appeal Against Severity of Sentence / Application for Adjournment and Application for Leave to Appeal in the Court of Criminal Appeal
Outcome
Leave to appeal refused; adjournment refused.
Legal Topics
['intimidation' 'suspended Sentence' 'recognisance' 'leave to Appeal' 'adjournment' 'plea of Guilty']
['criminal Law and Procedure' 'sentencing'] ['intimidation' 'suspended Sentence' 'recognisance' 'leave to Appeal' 'adjournment' 'plea of Guilty']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the application for leave to appeal against severity of sentence should be adjourned to allow the applicant to pursue an appeal against conviction after a plea of guilty.' 'Whether the sentencing judge erred by not properly considering non-custodial alternatives.' 'Whether any failure to fix a non-parole period or give reasons for not doing so provided a practical basis for appellate intervention after expiry of the suspended sentence.' "Whether the sentencing judge failed to take into account the applicant's plea of guilty." 'Whether the sentence of twelve months imprisonment, wholly suspended, was manifestly excessive.']

Ratio Decidendi

Leave to appeal was refused because the twelve-month sentence of imprisonment, wholly suspended, for intimidation was not manifestly excessive, the transcript showed the sentencing judge had considered the plea and non-custodial alternatives, any non-parole-period error had no practical consequence after expiry of the suspended sentence with no breach, and the application lacked practical focus and merit. The adjournment to pursue a later contest to the guilty plea was also refused.

Court Disposition

Leave to appeal refused; adjournment refused.

Orders

  • ['Application for adjournment refused.' 'Leave to appeal refused.']