Regina v Hockey [1999] NSWCCA 149

Regina v Hockey [1999] NSWCCA 149

The sentence was not manifestly excessive and reflected a sound exercise of the sentencing judge's discretion, having regard to the seriousness of the armed assault with intent to rob, the aggravating circumstances, the limited weight of the plea and admissions, the minor nature of the assistance to authorities, and the fact that subjective matters including remorse and rehabilitation had been taken into account.

Jurisdiction
Australia
Judgment Date
09 June 1999
Procedural Posture
Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal From Sentence Imposed in the District Court
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['assault With Intent to Rob Whilst Armed' 'manifest Excess' 'guideline Judgments' 'aggravating and Mitigating Factors' 'assistance to Authorities' 'drug Addiction and Rehabilitation']
['criminal Law' 'sentencing'] ['assault With Intent to Rob Whilst Armed' 'manifest Excess' 'guideline Judgments' 'aggravating and Mitigating Factors' 'assistance to Authorities' 'drug Addiction and Rehabilitation']

Case Brief

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Procedural Posture

Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal From Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentence of five years penal servitude, with a minimum term of three years and an additional term of two years, was manifestly excessive.' "Whether the applicant's recognizance current at the time of the offence was a significant aggravating factor." 'Whether the applicant should receive a discount under s 442B of the Crimes Act for assistance to the authorities.' 'Whether Judicial Commission statistics showed the sentence was manifestly excessive.']

Ratio Decidendi

The sentence was not manifestly excessive and reflected a sound exercise of the sentencing judge's discretion, having regard to the seriousness of the armed assault with intent to rob, the aggravating circumstances, the limited weight of the plea and admissions, the minor nature of the assistance to authorities, and the fact that subjective matters including remorse and rehabilitation had been taken into account.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal granted.' 'Appeal dismissed.']