T v R [2015] NSWCCA 28

T v R [2015] NSWCCA 28

The applicant did not demonstrate error in the sentencing judge's approach to the discount for guilty pleas and assistance. The judge had material about the applicant's assistance, risks and likely protection status, and the 30 percent combined discount was within the proper sentencing discretion. As the challenge to manifest excess was not otherwise established, the sentences were not shown to be manifestly excessive.

Jurisdiction
Australia
Judgment Date
20 March 2015
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['assistance to Authorities' 'discount for Guilty Plea and Assistance' 'harsher Custodial Conditions' 'manifest Excess' 'aggregate Sentence' 'indicative Sentences']
['criminal Law' 'sentencing'] ['assistance to Authorities' 'discount for Guilty Plea and Assistance' 'harsher Custodial Conditions' 'manifest Excess' 'aggregate Sentence' 'indicative Sentences']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing judge made sufficient allowance for the applicant's assistance to authorities, including risks to the applicant and custodial conditions." 'Whether the aggregate sentence and indicative sentences were manifestly excessive.']

Ratio Decidendi

The applicant did not demonstrate error in the sentencing judge's approach to the discount for guilty pleas and assistance. The judge had material about the applicant's assistance, risks and likely protection status, and the 30 percent combined discount was within the proper sentencing discretion. As the challenge to manifest excess was not otherwise established, the sentences were not shown to be manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']