R v "White" [2003] NSWCCA 135

R v "White" [2003] NSWCCA 135

The sentencing judge did not make a discretionary error in allowing a discount of a little over fourteen per cent on the firearms offences, and a twenty per cent discount on the dishonesty offences was appropriate. The remaining matters advanced for the applicant were rejected for reasons given in a confidential addendum. Leave to appeal was granted, but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
13 May 2003
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court After Pleas of Guilty
Outcome
Leave to appeal granted, but appeal dismissed.
Legal Topics
['appeal Against Sentence' 'plea of Guilty Discount' 'obtaining Financial Advantage by Deception' 'possession of Firearms Without a Licence' 'form 1 Offences' 'special Circumstances' 'protective Custody']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'plea of Guilty Discount' 'obtaining Financial Advantage by Deception' 'possession of Firearms Without a Licence' 'form 1 Offences' 'special Circumstances' 'protective Custody']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court After Pleas of Guilty

Legal Issues

  1. 1 ["Whether the overall discount allowed for the applicant's pleas of guilty and subjective circumstances was inadequate." 'Whether the sentencing judge erred in the discount allowed on the firearms offences.' 'Whether the sentencing judge erred in the discount allowed on the dishonesty offences.' 'Whether the remaining matters advanced on behalf of the applicant should be accepted.']

Ratio Decidendi

The sentencing judge did not make a discretionary error in allowing a discount of a little over fourteen per cent on the firearms offences, and a twenty per cent discount on the dishonesty offences was appropriate. The remaining matters advanced for the applicant were rejected for reasons given in a confidential addendum. Leave to appeal was granted, but the appeal was dismissed.

Court Disposition

Leave to appeal granted, but appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.' 'The material in the sealed envelope will be resealed and returned to the Crown on delivery of the judgment.']