R v Drove
[2000] SASC 71
•20 March 2000
R v DROVER
[2000] SASC 71
Court of Criminal Appeal: Leave to Appeal in Private
DOYLE CJ, MULLIGHAN AND BLEBY JJ (ex tempore): This is an application for leave to appeal against sentence.
The applicant was sentenced by a District Court Judge on two counts of robbery with violence. The applicant was convicted of these offences on the verdict of a jury. The sentencing Judge imposed a single sentence of imprisonment for five years, and fixed a non parole period of two years.
The applicant sought leave to appeal against sentence on the ground that the head sentence and non parole period are manifestly excessive.
Leave to appeal against sentence was refused by a single judge of this Court.
By application dated 24 February 2000 the applicant applied to have determined by the Full Court her application for leave to appeal against sentence. The application was considered by the Full Court in private pursuant to r 15(7) of the Criminal Appeal Rules 1996. The Court, for that purpose, comprised me, Mullighan J and Bleby J.
The Court has considered the sentencing remarks, the transcript containing the submissions before the single Judge, the psychologist’s report that was before the Sentencing Judge and the applicant’s record of offences.
The Court is unanimously of the opinion that leave to appeal should be refused, because there is no reasonable prospect of the appeal succeeding. The sentence imposed is well within the range for what are serious offences. The applicant has had a troubled upbringing, and in some senses the case is a tragic one. But she has been given a number of chances in the past, and there is nothing in the material before the Court to support an argument that there was such a good prospect that this time she would benefit from a further chance, as would warrant what would be exceptional leniency were the sentence to be suspended or a substantially lesser sentence imposed.
For all those reasons, sad as the case is, the Court refuses leave to appeal.
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