Regina v Lee William Barber [2004] NSWCCA 153

Regina v Lee William Barber [2004] NSWCCA 153

Although the individual approach to accumulation was not erroneous given the disparate offences, separate criminality, seriousness of the offending, prior record, bail status and Form 1 matters, the overall effective sentence of 6 years and 9 months with a non-parole period of 4 years and 9 months was manifestly excessive in totality. Leave to appeal was therefore granted, the appeal allowed, and the applicant resentenced to a lower overall effective term.

Jurisdiction
Australia
Judgment Date
07 June 2004
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal allowed; applicant re-sentenced.
Legal Topics
['assault Police in Execution of Duty' 'break, Enter and Steal' 'form 1 Matters' 'accumulation of Sentences' 'totality' 'manifest Excess']
['criminal Law' 'sentencing'] ['assault Police in Execution of Duty' 'break, Enter and Steal' 'form 1 Matters' 'accumulation of Sentences' 'totality' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed for assault police and two counts of break, enter and steal, including matters on Forms 1, were manifestly excessive in totality.' 'Whether accumulation of the sentences for the break, enter and steal offences on the assault police sentence, and partial accumulation between the break, enter and steal sentences, involved error.' 'What sentences should be imposed on resentencing.']

Ratio Decidendi

Although the individual approach to accumulation was not erroneous given the disparate offences, separate criminality, seriousness of the offending, prior record, bail status and Form 1 matters, the overall effective sentence of 6 years and 9 months with a non-parole period of 4 years and 9 months was manifestly excessive in totality. Leave to appeal was therefore granted, the appeal allowed, and the applicant resentenced to a lower overall effective term.

Court Disposition

Leave to appeal granted; appeal allowed; applicant re-sentenced.

Orders

  • ['The sentence for assault police was not disturbed: imprisonment for 18 months commencing 24 September 2002 and expiring 23 March 2004, with a non-parole period of 9 months expiring 23 June 2003.' 'For the first break, enter and steal offence, taking into account the matter on the Form 1, the applicant was...