Regina v Capper [2000] NSWCCA 63

Regina v Capper [2000] NSWCCA 63

Leave was refused because the sentencing judge expressly took into account the hardship to the applicant's children under s 16A of the Crimes Act 1914 (Cth), there was nothing about the sentence or the later wardship circumstances that called for a shorter term under s 16A(2)(p), and no circumstance justified reducing the sentence on the basis of mercy.

Jurisdiction
Australia
Judgment Date
14 March 2000
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal to the New South Wales Court of Criminal Appeal From a District Court Sentence Imposed After a Guilty Plea
Outcome
Leave to appeal refused
Legal Topics
['appeal Against Sentence' 'drug Importation' "effect of Sentence on Offender's Children" 'family Hardship' 'mercy in Sentencing']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'drug Importation' "effect of Sentence on Offender's Children" 'family Hardship' 'mercy in Sentencing']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal to the New South Wales Court of Criminal Appeal From a District Court Sentence Imposed After a Guilty Plea

Legal Issues

  1. 1 ["Whether the sentencing judge failed to take into account the probable effect of the applicant's sentence on his children under s 16A(2)(p) of the Crimes Act 1914 (Cth)." "Whether the sentencing judge failed to give due weight to the probable effect of the sentence on the applicant's children." 'Whether the Court should reduce the sentence by showing mercy even if there were no exceptional circumstances.']

Ratio Decidendi

Leave was refused because the sentencing judge expressly took into account the hardship to the applicant's children under s 16A of the Crimes Act 1914 (Cth), there was nothing about the sentence or the later wardship circumstances that called for a shorter term under s 16A(2)(p), and no circumstance justified reducing the sentence on the basis of mercy.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal refused']