NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Apps v R [2006] NSWCCA 290
HEARING DATE(S): 30 August 2006
JUDGMENT DATE: 11 September 2006
JUDGMENT OF: Hunt AJA at 1; Simpson J at 6; Whealy J at 87
DECISION: 1. leave to appeal granted; 2. appeal allowed, sentence quashed; 3. in lieu thereof the applicant be sentenced, taking into account the Form 1 offence, to a non-parole period of 13½ years, commencing 14 November 2003 and expiring 13 May 2017, with a balance of term of four and a half years, commencing 14 May 2017 and expiring 13 November 2021.
CATCHWORDS: criminal law - plea of guilty - murder by shooting - break, enter and steal - stolen guns - Form 1 offence - subjective circumstances - personality disorder with paranoid features - psychiatric disturbance - intention to kill - aggravating features - victim in own home - objective gravity of offence - relevant factors in assessment of objective gravity - late plea of guilty - adequate explanation - standard non-parole period - effect of mental disability for sentencing purposes - diminution of culpability - assessment of future risk posed by applicant - allowance made for Form 1 offence - errors in appraisal of Form 1 offence - separate sentence imposed - sentence manifestly excessive - offence at mid-range of objective gravity - reason to depart from standard non-parole period - plea of guilty sufficient reason - mental illness causally related to commission of offence - specified deterrence - general deterrence - community protection - discount for plea of guilty
LEGISLATION CITED: Crimes Act 1900 s19A, s112, s113, s117, s105A Crimes (Sentencing Procedure) Act 1999 Part 3, Divisions 1 - 3, Part 4, Divisions 1 and 1A, s21A, s33, s34, s44, s54A, s54B
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate