R-v-Christie [1999] NSWCCA 159

R-v-Christie [1999] NSWCCA 159

The sentencing judge considered the applicant's alcohol problem but was not shown to have miscarried in refusing to find special circumstances. The applicant's prior attempts to overcome alcohol dependency were desultory, there was little evidence he would address the problem in future, no evidence showed the required period of supervision, and reducing the minimum term further would not reflect the objective gravity of the very serious and planned offences.

Jurisdiction
Australia
Judgment Date
28 May 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['demanding Money With Menaces' 'special Circumstances' 'alcohol Dependence' 'objective Criminality' 'minimum Term and Additional Term']
['criminal Law' 'sentencing'] ['demanding Money With Menaces' 'special Circumstances' 'alcohol Dependence' 'objective Criminality' 'minimum Term and Additional Term']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to find special circumstances based on the applicant's alcoholism so as to reduce the minimum term and lengthen the additional term for alcohol counselling or supervision." 'Whether the exercise of the sentencing discretion miscarried in light of the seriousness, planning and circumstances of the offences.']

Ratio Decidendi

The sentencing judge considered the applicant's alcohol problem but was not shown to have miscarried in refusing to find special circumstances. The applicant's prior attempts to overcome alcohol dependency were desultory, there was little evidence he would address the problem in future, no evidence showed the required period of supervision, and reducing the minimum term further would not reflect the objective gravity of the very serious and planned offences.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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