Regina v Oades [2003] NSWCCA 155

Regina v Oades [2003] NSWCCA 155

For an eighteen-year-old offender with a disadvantaged background, first imprisonment in an adult gaol, demonstrated remorse, guilty pleas, and disclosures of his own criminality including count 3, the starting point and non-parole period for count 3 were manifestly excessive when totality was considered. Counts 1 and 2 should not be disturbed because the production of a knife during the home invasion was very serious and the victims were greatly affected.

Jurisdiction
Australia
Judgment Date
30 May 2003
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed as to counts 1 and 2; appeal allowed as to count 3, sentence quashed and substituted with a lesser sentence.
Legal Topics
['young Offender' 'manifestly Excessive Sentence' 'discount for Guilty Plea' 'disclosure of Otherwise Unknown Offences' 'ellis Principle' 'totality' 'aggravated Break and Enter' 'demand Property With Intent to Steal']
['criminal Law' 'sentencing'] ['young Offender' 'manifestly Excessive Sentence' 'discount for Guilty Plea' 'disclosure of Otherwise Unknown Offences' 'ellis Principle' 'totality' 'aggravated Break and Enter' 'demand Property With Intent to Steal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing judge gave sufficient weight to the applicant's assistance to police and disclosure of otherwise undetected offences." 'Whether the sentences, particularly the sentence on count 3 and the overall sentence, were manifestly excessive.' 'Whether the principle of totality required a lower effective sentence or non-parole period.']

Ratio Decidendi

For an eighteen-year-old offender with a disadvantaged background, first imprisonment in an adult gaol, demonstrated remorse, guilty pleas, and disclosures of his own criminality including count 3, the starting point and non-parole period for count 3 were manifestly excessive when totality was considered. Counts 1 and 2 should not be disturbed because the production of a knife during the home invasion was very serious and the victims were greatly affected.

Court Disposition

Leave to appeal granted; appeal dismissed as to counts 1 and 2; appeal allowed as to count 3, sentence quashed and substituted with a lesser sentence.

Orders

  • ['Leave to appeal granted.' 'Dismiss the appeal so far as the sentences imposed on counts 1 and 2 are concerned.' 'As to the sentence on count 3, appeal allowed, sentence quashed. In lieu of the sentence imposed the applicant is sentenced to imprisonment for four years commencing on 12 March 2003 and expiring on 11...