10 Sept 2020
The magistrate was entitled to accept the police confession as voluntary and to rely on the employer's application form and photo corroboration; those findings provided proof beyond reasonable doubt that the appellant used a forged identity card, and the appellate court will not disturb rational factual findings or the sentence which followed established guidelines.
2 Sept 2016
The Court held that ordinary voluntary confessions and cooperation are generally subsumed within the established one‑third guilty‑plea discount and a judge is not obliged to award a discount greater than one‑third; the strength of the prosecution case is irrelevant to the quantum of the plea discount; the Court clarified sentencing practice by endorsing a range of discounts by stage (one‑third at committal/earlier, 25% pre‑listing, 20% first day of trial, lesser during trial) and ruled that in CACC 418/2014 the appellant’s sentence was not excessive but in CACC 327/2015 the judge erred in red…
2 Sept 2016
The Court held that ordinary cooperation/voluntary confessions which lead to charges are generally subsumed within the one-third discount for a timely guilty plea; strength of prosecution is not a factor; the Court revised sentencing practice to adopt tiered discounts by timing (one-third at committal/early plea; 25% between committal and fixed trial dates; 20% on first day of trial; lesser during trial) while preserving judicial discretion; appeals: Ngo’s appeal dismissed; Abdou’s appeal allowed in part because judge reduced the discount without alerting defence, sentence reduced from 18 to…
20 Jun 2008
The court concluded a global starting point of 4 years for both domestic burglary charges was appropriate, applied the usual one-third plea discount (reducing to 32 months) and then allowed a further two-month discount for the applicant's voluntary confession, resulting in an overall sentence of 30 months. The applicant was not a habitual offender warranting greater enhancement and voluntary confession warranted a greater than normal discount to encourage admissions of guilt.
19 May 1995
Conviction upheld because the totality of evidence — a voluntary and inculpatory post-arrest statement and detailed testimony of an accomplice corroborating applicant's role in planning and facilitating the robbery — established participation sufficient for liability for robbery even though applicant did not handle weapons or physically enter the shop.
16 Mar 1995
Conviction upheld because evidence (eyewitness testimony and a voluntary confession) was ample; sentence affirmed because the trial judge correctly adopted a four-year starting point reduced for time in treatment, the applicant showed no remorse, and disparity with co-accused was explained by differing circumstances and concurrent serving of sentences; prior attendance at a Drug Addiction Treatment Centre did not mandate Training Centre disposal or render the sentence inappropriate.