Regina v Stephen John Rae [2001] NSWCCA 545

Regina v Stephen John Rae [2001] NSWCCA 545

The sentence imposed by the sentencing Judge was within the range properly available given the objective seriousness and circumstances of the offence, and there was no error regarding the discount for the plea of guilty or assessment of mitigating factors.

Jurisdiction
Australia
Judgment Date
12 December 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Substantive Appeal
Outcome
Leave to appeal against sentence granted; substantive appeal dismissed
Legal Topics
['sentencing' 'severity of Sentence' 'appeal Against Sentence']
['criminal Law'] ['sentencing' 'severity of Sentence' 'appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence and Substantive Appeal

Legal Issues

  1. 1 ['Whether sentencing Judge erred in applying a discount for plea of guilty; Whether the sentence imposed was manifestly excessive; Whether subjective factors in favour of the applicant were insufficiently considered']

Ratio Decidendi

The sentence imposed by the sentencing Judge was within the range properly available given the objective seriousness and circumstances of the offence, and there was no error regarding the discount for the plea of guilty or assessment of mitigating factors.

Court Disposition

Leave to appeal against sentence granted; substantive appeal dismissed

Orders

  • ['Leave to appeal against sentence granted' 'Substantive appeal against sentence dismissed']