R v BENNETT [1999] NSWCCA 102

R v BENNETT [1999] NSWCCA 102

The sentence imposed did not fall outside the proper range of sentencing discretion having regard to the seriousness of the offences, the applicant’s age, the taking into account of other offences, and the mitigating factors, and therefore leave to appeal was refused.

Parties
Crown: Regina; Applicant: Toni Leanne Bennett
Jurisdiction
Australia
Judgment Date
24 May 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Leave to appeal refused
Legal Topics
Sentencing, Armed Robbery, Aggravating Factors, Appeals
Criminal Law Sentencing Armed Robbery Aggravating Factors Appeals

Case Brief

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Parties

Regina

Crown

Toni Leanne Bennett

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the District Court judge erred in the exercise of sentencing discretion
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentence imposed did not fall outside the proper range of sentencing discretion having regard to the seriousness of the offences, the applicant’s age, the taking into account of other offences, and the mitigating factors, and therefore leave to appeal was refused.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal against sentences refused