Regina v Hawkins [1999] NSWCCA 276

Regina v Hawkins [1999] NSWCCA 276

Leave to appeal was granted because Judge Grogan sentenced on the erroneous basis that he was dealing with more than one offence and with offences including breaking, entering and stealing, when the only outstanding offence was one count of larceny. That factual error about the number and nature of the offences affected the sentencing discretion concerning division into minimum and additional terms.

Jurisdiction
Australia
Judgment Date
20 August 1999
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal granted, appeal allowed, sentence imposed quashed, and substitute sentence imposed.
Legal Topics
['periodic Detention' 'cancellation of Periodic Detention Order' 'minimum and Additional Terms' 'sentencing in Absence' 'appeal Against Sentence']
['criminal Law' 'sentencing' 'criminal Procedure'] ['periodic Detention' 'cancellation of Periodic Detention Order' 'minimum and Additional Terms' 'sentencing in Absence' 'appeal Against Sentence']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge should have proceeded to sentence the applicant in his absence.' 'Whether the sentencing judge erred in declining to fix minimum and additional terms under s 27(4) of the Periodic Detention Act.' 'Whether factual error about the number and nature of the offences affected the sentencing discretion.']

Ratio Decidendi

Leave to appeal was granted because Judge Grogan sentenced on the erroneous basis that he was dealing with more than one offence and with offences including breaking, entering and stealing, when the only outstanding offence was one count of larceny. That factual error about the number and nature of the offences affected the sentencing discretion concerning division into minimum and additional terms.

Court Disposition

Leave to appeal granted, appeal allowed, sentence imposed quashed, and substitute sentence imposed.

Orders

  • ['The applicant be sentenced to a minimum term of thirty-six weeks imprisonment to commence from 20 February 1999 and an additional term of eight weeks.' 'Direction that he be released at the expiration of the minimum term.']