Regina v McRae [2005] NSWCCA 13

Regina v McRae [2005] NSWCCA 13

The applicant did not establish that his depressive disorder or psychiatric history reduced his moral culpability, because there was no evidence that he was psychotically depressed during the offending or that his condition affected his appreciation of wrongfulness, while the offences showed premeditation, professionalism and repetition. The sentencing Judge did err by treating the applicant's confessions only as evidence of contrition and not as voluntary disclosure of guilt relevant to assistance to authorities, but the overall sentence was not manifestly excessive and no lesser sentence was warranted in law given the seriousness and multiplicity of the offences, the Form 1 matters,...

Jurisdiction
Australia
Judgment Date
25 February 2005
Procedural Posture
Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal; Application for Extension of Time and Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Time to file the notice of appeal was extended and leave to appeal was granted, but the appeal was dismissed.
Legal Topics
['break, Enter and Steal' 'mental Disorder and Sentencing' 'assistance to Authorities' 'guilty Plea Discount' 'manifestly Excessive Sentence' 'conditional Liberty' 'form 1 Offences']
['criminal Law' 'sentencing' 'criminal Appeals'] ['break, Enter and Steal' 'mental Disorder and Sentencing' 'assistance to Authorities' 'guilty Plea Discount' 'manifestly Excessive Sentence' 'conditional Liberty' 'form 1 Offences']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal; Application for Extension of Time and Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether the sentencing Judge erred in failing to properly take into account the applicant's mental disorder." "Whether the sentencing Judge erred in failing to adequately discount the sentence for the applicant's admissions and naming of co-offenders." 'Whether the sentence was manifestly excessive.' "Whether, despite error concerning the significance of the applicant's confessions, any lesser sentence was warranted in law."]

Ratio Decidendi

The applicant did not establish that his depressive disorder or psychiatric history reduced his moral culpability, because there was no evidence that he was psychotically depressed during the offending or that his condition affected his appreciation of wrongfulness, while the offences showed premeditation, professionalism and repetition. The sentencing Judge did err by treating the applicant's confessions only as evidence of contrition and not as voluntary disclosure of guilt relevant to assistance to authorities, but the overall sentence was not manifestly excessive and no lesser sentence was warranted in law given the seriousness and multiplicity of the offences, the Form 1 matters,...

Court Disposition

Time to file the notice of appeal was extended and leave to appeal was granted, but the appeal was dismissed.

Orders

  • ['Time for filing the notice of appeal extended to 21 September 2004.' 'Application for leave to appeal granted.' 'Appeal dismissed.']