R v Reynolds [1999] NSWCCA 238

R v Reynolds [1999] NSWCCA 238

Leave to appeal was refused because the applicant admitted the essential legal ingredients of the two robberies, the facts supported the charges, no error was shown in the acceptance of the pleas or sentencing, and the concurrent minimum terms of two years with additional terms of two years were within the legitimate sentencing range having regard to the objective and subjective circumstances, including the guilty pleas and drug addiction material.

Jurisdiction
Australia
Judgment Date
16 August 1999
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal
Outcome
Application for leave to appeal against severity of sentence refused; sentence below confirmed.
Legal Topics
['robbery From the Person' 'severity Appeal' 'guilty Plea' 'drug Addiction' 'prior Convictions']
['criminal Law' 'sentencing' 'criminal Appeals'] ['robbery From the Person' 'severity Appeal' 'guilty Plea' 'drug Addiction' 'prior Convictions']

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether leave to appeal against sentence should be granted on the ground of severity.' "Whether the sentencing judge erred in accepting the applicant's guilty pleas or sentencing him for robbery from the person." 'Whether the sentences imposed were within the legitimate sentencing range.']

Ratio Decidendi

Leave to appeal was refused because the applicant admitted the essential legal ingredients of the two robberies, the facts supported the charges, no error was shown in the acceptance of the pleas or sentencing, and the concurrent minimum terms of two years with additional terms of two years were within the legitimate sentencing range having regard to the objective and subjective circumstances, including the guilty pleas and drug addiction material.

Court Disposition

Application for leave to appeal against severity of sentence refused; sentence below confirmed.

Orders

  • ['The application for leave to appeal against sentence is refused.' 'The sentence below is confirmed.']