Regina v Tony Sandnes [2001] NSWCCA 385

Regina v Tony Sandnes [2001] NSWCCA 385

The sentence imposed was a substantial one, lying at the top of a permissible range of sentencing discretion for manslaughter, and the sentencing judge took proper account of the applicant’s plea and subjective circumstances; therefore, no error was shown requiring the appeal to be upheld.

Jurisdiction
Australia
Judgment Date
25 September 2001
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal, Substantive Appeal
Outcome
Extension of time granted; leave to appeal granted; substantive appeal dismissed
Legal Topics
['sentencing' 'manslaughter' 'discount for Guilty Plea' 'range of Sentencing Discretion']
['criminal Law'] ['sentencing' 'manslaughter' 'discount for Guilty Plea' 'range of Sentencing Discretion']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal, Substantive Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge properly allowed a discount for guilty plea in accordance with Thomson and Houlten guideline judgment' 'Whether the sentence imposed was outside the appropriate range for the offence of manslaughter given statistical data']

Ratio Decidendi

The sentence imposed was a substantial one, lying at the top of a permissible range of sentencing discretion for manslaughter, and the sentencing judge took proper account of the applicant’s plea and subjective circumstances; therefore, no error was shown requiring the appeal to be upheld.

Court Disposition

Extension of time granted; leave to appeal granted; substantive appeal dismissed

Orders

  • ['Extension of time granted' 'Leave to appeal granted' 'Appeal dismissed']