Regina v Mangolini [1999] NSWCCA 447

Regina v Mangolini [1999] NSWCCA 447

Although the sentences were not excessive having regard to the objective seriousness of the offences, the sentencing judge failed to give effect to the intended finding of special circumstances and did not consider the accumulation of the sentences upon those already being served. The Court therefore intervened, quashed the sentences and substituted a sentencing structure reflecting special circumstances and parole eligibility.

Jurisdiction
Australia
Judgment Date
26 May 1999
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal allowed; sentences quashed and substituted.
Legal Topics
['break, Enter and Steal' 'possess Implements of Safe Breaking' 'steal Conveyance' 'special Circumstances' 'accumulation of Sentences' 'pre Sentence Custody' 'parole Eligibility']
['criminal Law' 'sentencing'] ['break, Enter and Steal' 'possess Implements of Safe Breaking' 'steal Conveyance' 'special Circumstances' 'accumulation of Sentences' 'pre Sentence Custody' 'parole Eligibility']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentences imposed for break, enter and steal, possessing implements of safe-breaking, and stealing a conveyance were excessive having regard to the seriousness of the offences.' 'Whether the sentencing judge gave effect to special circumstances when fixing the relationship between the minimum term and additional term.' 'Whether the sentencing judge failed to consider the accumulation of the new sentences upon sentences already being served.']

Ratio Decidendi

Although the sentences were not excessive having regard to the objective seriousness of the offences, the sentencing judge failed to give effect to the intended finding of special circumstances and did not consider the accumulation of the sentences upon those already being served. The Court therefore intervened, quashed the sentences and substituted a sentencing structure reflecting special circumstances and parole eligibility.

Court Disposition

Leave to appeal granted; appeal allowed; sentences quashed and substituted.

Orders

  • ['Leave to appeal is granted and the appeal is allowed. The sentences on all three counts are quashed.' 'On the first count of break, enter and steal, a sentence of penal servitude is imposed comprising a minimum term commencing on 5 September 2000 and expiring on 7 August 2001 and an additional term of eighteen...