Regina v Budd [2002] NSWCCA 302

Regina v Budd [2002] NSWCCA 302

Balancing the serious objective circumstances of the armed robberies, the Form 1 matters and the applicant's repeated use of a Stanley knife against his pleas, cooperation, remorse, drug addiction, rehabilitation evidence, injuries in custody and the overall accumulation of sentences, the Court held that the original overall head sentence exceeded the sentencing discretion available. The error was sufficiently corrected by reducing only the sentence and non-parole period on count 13 and otherwise confirming the sentences.

Jurisdiction
Australia
Judgment Date
14 August 2002
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentences in the Court of Criminal Appeal
Outcome
Application for leave to appeal granted. Appeal allowed.
Legal Topics
['armed Robbery With Wounding' 'robbery Whilst Armed With an Offensive Weapon' 'assault With Intent to Rob Whilst Armed' 'manifest Excess' 'form 1 Offences' 'non Parole Period' 'special Circumstances' 'utilitarian Discount for Guilty Pleas']
['criminal Law' 'sentencing'] ['armed Robbery With Wounding' 'robbery Whilst Armed With an Offensive Weapon' 'assault With Intent to Rob Whilst Armed' 'manifest Excess' 'form 1 Offences' 'non Parole Period' 'special Circumstances' 'utilitarian Discount for Guilty Pleas']

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentences in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the individual sentences or the overall sentencing regime were manifestly excessive.' 'Whether the head sentence and non-parole period for count 13 exceeded the sentencing discretion available to the sentencing judge.' "Whether Form 1 matters and the totality of the applicant's criminality were properly reflected in sentence." 'Whether special circumstances justified a reduced non-parole period.']

Ratio Decidendi

Balancing the serious objective circumstances of the armed robberies, the Form 1 matters and the applicant's repeated use of a Stanley knife against his pleas, cooperation, remorse, drug addiction, rehabilitation evidence, injuries in custody and the overall accumulation of sentences, the Court held that the original overall head sentence exceeded the sentencing discretion available. The error was sufficiently corrected by reducing only the sentence and non-parole period on count 13 and otherwise confirming the sentences.

Court Disposition

Application for leave to appeal granted. Appeal allowed.

Orders

  • ['Head sentence on count 13 reduced to ten years imprisonment to date from 19 April 2003 and expire on 18 April 2013.' 'Non-parole period on count 13 reduced to five years and six months to date from 19 April 2003 and expire on 18 October 2008.' 'All other sentences confirmed.']