REGINA v WALTERS [2001] NSWCCA 265

REGINA v WALTERS [2001] NSWCCA 265

Coleman DCJ appropriately considered the applicant's early plea, cooperation, contrition, heroin addiction, failed methadone program, willingness to seek rehabilitation, criminal record, and the serious impact of the offence on the bank teller. The offence involved significant criminality and the sentence of three years with a non-parole period of two years was within the sentencing discretion, so no basis for appellate intervention was shown.

Jurisdiction
Australia
Judgment Date
04 July 2001
Procedural Posture
Sentencing Appeal Against Sentence / Application for Leave to Appeal Against Sentence Out of Time
Outcome
Leave to appeal granted but appeal refused.
Legal Topics
['demanding Money With Menaces' 'drug Addiction and Sentencing' 'methadone Treatment' 'manifest Excess' 'non Parole Period']
['criminal Law' 'sentencing'] ['demanding Money With Menaces' 'drug Addiction and Sentencing' 'methadone Treatment' 'manifest Excess' 'non Parole Period']

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Procedural Posture

Sentencing Appeal Against Sentence / Application for Leave to Appeal Against Sentence Out of Time

Legal Issues

  1. 1 ['Whether the sentence imposed for demanding money with menaces was manifestly excessive.' "Whether the sentencing judge failed to give sufficient weight to the applicant's inability to obtain methadone and his recommencement of methadone maintenance."]

Ratio Decidendi

Coleman DCJ appropriately considered the applicant's early plea, cooperation, contrition, heroin addiction, failed methadone program, willingness to seek rehabilitation, criminal record, and the serious impact of the offence on the bank teller. The offence involved significant criminality and the sentence of three years with a non-parole period of two years was within the sentencing discretion, so no basis for appellate intervention was shown.

Court Disposition

Leave to appeal granted but appeal refused.

Orders

  • ['Leave to appeal granted.' 'Appeal refused.']