R v Carr [1999] NSWCCA 200

R v Carr [1999] NSWCCA 200

The fixed term sentences imposed by Judge Armitage were not shown to be inappropriate. The aggregate full terms of the sentences, amounting to four years nine and a half months, did not produce an inappropriate result under the totality principle. However, because the sentence for the sexual offence was accumulated on the earlier sentence, the available parole period was inappropriate; special circumstances existed requiring adjustment of the ratio between the minimum and additional term for the sexual offence, also taking account of rehabilitation and the applicant's need for assistance to avoid relapse into alcohol abuse on parole.

Jurisdiction
Australia
Judgment Date
23 July 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave to appeal granted in respect of both sentences; appeal against Judge Armitage's sentence dismissed; appeal against Judge Downs QC's sentence allowed and sentence quashed and varied.
Legal Topics
['leave to Appeal Against Sentence' 'totality Principle' 'special Circumstances' 'minimum and Additional Terms' 'parity' 'guilty Plea' 'aboriginality and Alcohol Abuse']
['criminal Law' 'sentencing'] ['leave to Appeal Against Sentence' 'totality Principle' 'special Circumstances' 'minimum and Additional Terms' 'parity' 'guilty Plea' 'aboriginality and Alcohol Abuse']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the fixed term sentences imposed by Judge Armitage for attempting to steal a motor vehicle and assault occasioning actual bodily harm were excessive having regard to parity and the guilty plea.' "Whether the sentence imposed by Judge Downs QC for sexual intercourse without consent failed to reflect special circumstances, totality, the applicant's Aboriginality, or the stated intention to sentence at the lower end of the scale." 'Whether the accumulation of sentences required adjustment of the minimum and additional terms for the sexual offence to produce an appropriate parole period.']

Ratio Decidendi

The fixed term sentences imposed by Judge Armitage were not shown to be inappropriate. The aggregate full terms of the sentences, amounting to four years nine and a half months, did not produce an inappropriate result under the totality principle. However, because the sentence for the sexual offence was accumulated on the earlier sentence, the available parole period was inappropriate; special circumstances existed requiring adjustment of the ratio between the minimum and additional term for the sexual offence, also taking account of rehabilitation and the applicant's need for assistance to avoid relapse into alcohol abuse on parole.

Court Disposition

Leave to appeal granted in respect of both sentences; appeal against Judge Armitage's sentence dismissed; appeal against Judge Downs QC's sentence allowed and sentence quashed and varied.

Orders

  • ['In respect of the appeal against the sentence imposed by Judge Armitage on 13 October 1998, leave to appeal granted but the appeal dismissed.' 'In respect of the appeal against the sentence imposed by Judge Downs QC on 14 November 1998, leave to appeal granted and the appeal allowed; the sentence imposed quashed.'...