R v John Paul Bryant [2001] NSWCCA 81

R v John Paul Bryant [2001] NSWCCA 81

Although the applicant had a poor criminal history and had breached the recognisance imposed when sentence was deferred, the two-year sentence with a one-year non-parole period for the assault occasioning actual bodily harm was unreasonably excessive having regard to the objective features of the offence on the agreed facts. A fixed term of six months' imprisonment was the appropriate substituted sentence.

Jurisdiction
Australia
Judgment Date
09 March 2001
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the NSW Court of Criminal Appeal
Outcome
Leave to appeal granted; sentence quashed; fixed term of six months' imprisonment substituted.
Legal Topics
['sentence Excessive' 'assault Occasioning Actual Bodily Harm' 'plea of Guilty' 'recognisance Breach' 'non Parole Period']
['criminal Law' 'sentencing'] ['sentence Excessive' 'assault Occasioning Actual Bodily Harm' 'plea of Guilty' 'recognisance Breach' 'non Parole Period']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the NSW Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether leave to appeal against sentence should be granted.' "Whether the sentence of two years' imprisonment with a one-year non-parole period for assault occasioning actual bodily harm was unreasonably excessive." 'What sentence should be substituted if the appeal succeeded.']

Ratio Decidendi

Although the applicant had a poor criminal history and had breached the recognisance imposed when sentence was deferred, the two-year sentence with a one-year non-parole period for the assault occasioning actual bodily harm was unreasonably excessive having regard to the objective features of the offence on the agreed facts. A fixed term of six months' imprisonment was the appropriate substituted sentence.

Court Disposition

Leave to appeal granted; sentence quashed; fixed term of six months' imprisonment substituted.

Orders

  • ['Leave to appeal granted.' 'The sentence imposed on 6 November 2000 was quashed.' 'A sentence of a fixed term of imprisonment of six months was substituted, commencing on 29 August 2000 and expiring on 28 February 2001.']