REGINA v Adam Eli MEYER [2002] NSWCCA 451

REGINA v Adam Eli MEYER [2002] NSWCCA 451

Error was established because the sentencing judge failed to set a non-parole period or give reasons for not doing so, and the reasons suggested that the judge determined that periodic detention was appropriate before fixing the term, contrary to the statutory sentencing sequence. Given the applicant's early guilty pleas, cooperation, undertaking to give evidence, remorse, prior good character and limited role, three years imprisonment after discounts was indicative of error; the appropriate sentence was eighteen months imprisonment with a statutory non-parole period, served by periodic detention.

Jurisdiction
Australia
Judgment Date
02 December 2002
Procedural Posture
Application for Leave to Appeal Against Severity of Sentences / Court of Criminal Appeal Judgment on Leave, Appeal and Re Sentencing
Outcome
Leave to appeal granted; appeal allowed; District Court sentences quashed; applicant re-sentenced to concurrent terms of one year and six months imprisonment with a non-parole period of one year, one month and two weeks, to be served by periodic detention.
Legal Topics
['making a False Instrument' 'using a False Instrument' 'severity Appeal' 'periodic Detention' 'non Parole Period' 'guilty Plea Discount' 'assistance to Authorities' 'general Deterrence']
['criminal Law' 'sentencing'] ['making a False Instrument' 'using a False Instrument' 'severity Appeal' 'periodic Detention' 'non Parole Period' 'guilty Plea Discount' 'assistance to Authorities' 'general Deterrence']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentences / Court of Criminal Appeal Judgment on Leave, Appeal and Re Sentencing

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to consider an appropriate starting point for sentence before allowing discounts for the applicant's early guilty pleas and assistance to authorities." 'Whether the sentencing judge erred in failing to specify a non-parole period or give reasons for declining to set one.' 'Whether the sentence of three years imprisonment to be served by periodic detention was excessive and indicative of sentencing error.' 'Whether the re-sentenced terms should be served by way of periodic detention.']

Ratio Decidendi

Error was established because the sentencing judge failed to set a non-parole period or give reasons for not doing so, and the reasons suggested that the judge determined that periodic detention was appropriate before fixing the term, contrary to the statutory sentencing sequence. Given the applicant's early guilty pleas, cooperation, undertaking to give evidence, remorse, prior good character and limited role, three years imprisonment after discounts was indicative of error; the appropriate sentence was eighteen months imprisonment with a statutory non-parole period, served by periodic detention.

Court Disposition

Leave to appeal granted; appeal allowed; District Court sentences quashed; applicant re-sentenced to concurrent terms of one year and six months imprisonment with a non-parole period of one year, one month and two weeks, to be served by periodic detention.

Orders

  • ['Grant leave to appeal against the severity of the sentences.' 'Allow the appeal.' 'Quash the sentences imposed in the District Court and in lieu thereof sentence the applicant in each case to a term of one year and six months imprisonment with a non-parole period of one year, one month and two weeks.' 'Each...