Regina v Ah-See [1999] NSWCCA 175

Regina v Ah-See [1999] NSWCCA 175

The judge was not required to reduce the sentence under s 439 of the Crimes Act since the guilty plea was only to an alternative count not accepted by the Crown. There was no error in this regard. The sentence did not fall outside the range available in the circumstances; the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
30 June 1999
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence (severity)
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'appeal Against Severity' 'sentencing of Aboriginal Prisoners']
['criminal Law'] ['sentencing' 'appeal Against Severity' 'sentencing of Aboriginal Prisoners']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence (severity)

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give adequate allowance for the applicant's plea of guilty to the alternative charge" 'Whether the sentence was manifestly excessive in all circumstances']

Ratio Decidendi

The judge was not required to reduce the sentence under s 439 of the Crimes Act since the guilty plea was only to an alternative count not accepted by the Crown. There was no error in this regard. The sentence did not fall outside the range available in the circumstances; the appeal is dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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