Regina v Aaron John Lee Maher Regina v Dwayne Eric Welsh Regina v Craig Vincent Lardner Regina v Ronald Priestly [2005] NSWCCA 16

Regina v Aaron John Lee Maher Regina v Dwayne Eric Welsh Regina v Craig Vincent Lardner Regina v Ronald Priestly [2005] NSWCCA 16

The sentencing judge erred in relation to Maher, Welsh and Lardner by fixing their head sentences for riot without taking into account their individual participation, subjective circumstances, s 21A factors and custody conditions, and by confining those considerations to the non-parole period. Priestly's sentence also required adjustment because the riot and grievous bodily harm offences, while distinct, arose from the same incident and shared some features warranting partial concurrency, and because identical effective sentences with Paulson did not sufficiently reflect that Paulson was sentenced for three serious assaults while Priestly was sentenced for one such assault. The totality...

Jurisdiction
Australia
Judgment Date
02 February 2005
Procedural Posture
Criminal Sentencing Appeal / Applications for Extension of Time and Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Extension of time allowed. Leave to appeal granted. Appeals allowed. Applicants re-sentenced.
Legal Topics
['prison Riot' 'maliciously Inflict Grievous Bodily Harm With Intent' 'head Sentence and Non Parole Period' 'concurrent and Cumulative Sentences' 'parity' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['prison Riot' 'maliciously Inflict Grievous Bodily Harm With Intent' 'head Sentence and Non Parole Period' 'concurrent and Cumulative Sentences' 'parity' 'totality' 'special Circumstances']

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Procedural Posture

Criminal Sentencing Appeal / Applications for Extension of Time and Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge erred by making Priestly's sentences for riot and maliciously inflict grievous bodily harm with intent wholly cumulative on each other." 'Whether Priestly had a justifiable sense of grievance on parity grounds when compared with co-offender James Sonny Paulson.' "Whether the totality principle required a reduction in Priestly's effective sentence." 'Whether the sentencing judge erred in fixing the same head sentence for Maher, Welsh and Lardner without taking account of their individual roles, subjective circumstances and relevant aggravating and mitigating factors.' 'Whether the head sentences imposed on Maher, Welsh and Lardner were manifestly excessive or unfair by comparison with the head sentences imposed on more serious co-offenders.']

Ratio Decidendi

The sentencing judge erred in relation to Maher, Welsh and Lardner by fixing their head sentences for riot without taking into account their individual participation, subjective circumstances, s 21A factors and custody conditions, and by confining those considerations to the non-parole period. Priestly's sentence also required adjustment because the riot and grievous bodily harm offences, while distinct, arose from the same incident and shared some features warranting partial concurrency, and because identical effective sentences with Paulson did not sufficiently reflect that Paulson was sentenced for three serious assaults while Priestly was sentenced for one such assault. The totality...

Court Disposition

Extension of time allowed. Leave to appeal granted. Appeals allowed. Applicants re-sentenced.

Orders

  • ['In respect of Priestly, extension of time granted, leave to appeal granted, appeal allowed, District Court sentences quashed, and he was resentenced on riot to imprisonment for four years with a non-parole period of two years commencing 15 February 2012 and expiring 14 February 2014.' 'In respect of Priestly, on...