CITATION: REGINA v STIRRAT [2003] NSWCCA 350 HEARING DATE(S): 19 November 2003 JUDGMENT DATE:
19 November 2003JUDGMENT OF: Handley JA at 1, 40; Grove J at 34; Adams J at 35 DECISION: Application for leave to appeal dismissed. CATCHWORDS: Criminal law - sentencing - no question of principle CASES CITED: R v Carter (2001) NSWCCA 245
R v Henry (1999) 46 NSWLR 346
R v Pearce (1998) 194 CLR 610PARTIES :
Regina v Graham Emlyn Stirrat FILE NUMBER(S): CCA 60256 of 2003 COUNSEL: In person (Appellant)
E. Wilkins (Crown)SOLICITORS: In person (Appellant)
Director of Public Prosecutions (NSW) (Crown)
LOWER COURTJURISDICTION: District Court LOWER COURT FILE NUMBER(S): 02/31/0338 LOWER COURT
JUDICIAL OFFICER :Nader ADCJ
60256 of 2003
19 November 2003HANDLEY JA
GROVE J
ADAMS J
1 HANDLEY JA: The applicant pleaded guilty in the Newcastle Local Court on 27 September 2002 to four charges, two of armed robbery and two of robbery, and was committed for sentence to the Newcastle District Court under s 51A of the Justices Act.
2 He came before Nader ADCJ for sentence on 29 October 2002, having been in custody following his arrest on 8 August and he was sentenced on 4 December 2002.
3 In addition to the four charges to which he pleaded guilty, there were also two other offences of demanding money with menaces, which the applicant asked to be taken into account under a Form 1.
4 The first charge was that on 23 July 2002 at Newcastle he robbed Sally Leslie of $350 in cash while armed. The second was that on 24 July, the following day, he robbed Tracey Maher of $370 in cash at Cooks Hill, also in Newcastle. That was not a charge of armed robbery but simple robbery.
5 The third charge was that on 28 July he robbed Colby Hill of $130, the property of the restaurant Henny Penny. That again was a charge of simple robbery. The fourth charge was that on 7 August 2002 at The Junction, again in the Newcastle district, he robbed Debra Haigh of $2,815, the property of the Greater Building Society while being armed with a knife.
6 The first Form 1 offence of demanding money with menaces related to the Racecourse Newsagency at Hamilton, and occurred on 31 July. The other second related to the St George Bank at Hamilton on 7 August. The applicant was arrested on 8 August. Nader ADCJ imposed the following sentences: For Count 1 he imposed a sentence of two years and five months to commence on 8 August 2002 and expire on 7 January 2005. The non-parole period was subsumed by sentences imposed for the other offences.
7 On Count 2, for simple robbery, he imposed a sentence of one year and six months commencing on 8 April 2004 and expiring on 7 October 2005. That was made consecutive on the non-parole period in the sentence on Count 1.
8 On Count…
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- Regina v Stirrat [2003] NSWCCA 350
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- [2003] NSWCCA 350
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CaseChat Overview and Summary
The primary legal issue for the court to address was whether the sentence imposed was manifestly inadequate. The court was tasked with reviewing the trial judge's assessment of the aggravating and mitigating factors and determining if there was an error in the application of the law that warranted interference with the sentence. The court had to consider whether the totality of the circumstances justified a reduction in the sentence, or if the trial judge's determination was sound and should stand.
In its judgment, the court found that the trial judge had appropriately considered all relevant factors in arriving at the sentence. The court highlighted that the trial judge had given due weight to the seriousness of the crimes, the appellant's criminal history, and the potential for rehabilitation. The court concluded that there was no error of principle in the sentencing process and that the sentence imposed was commensurate with the nature and circumstances of the offences. Accordingly, the appeal was dismissed.
The final orders of the court were that the appeal against sentence be dismissed, and the original sentence imposed by the trial judge be upheld. The appellant was to continue serving the sentence as determined by the trial court.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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