Blackstock v Regina [2013] NSWCCA 172

Blackstock v Regina [2013] NSWCCA 172

The statutory analogue is a reference point and does not limit sentencing discretion for common law offences; the sentence was stern but within the available range, reflecting the seriousness of a breach of public trust, substantial sums involved, deliberate deception, and prolonged offending; no specific errors of principle in sentencing were identified and the applicant's case for manifest excess was not made out.

Parties
Applicant: Allen Michael Blackstock; Respondent: Crown
Jurisdiction
Australia
Judgment Date
23 July 2013
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Misconduct in Public Office, Sentencing, Manifestly Excessive Sentence, Breach of Public Trust, Objective Seriousness, Mitigating Circumstances
Criminal Law Misconduct in Public Office Sentencing Manifestly Excessive Sentence Breach of Public Trust Objective Seriousness Mitigating Circumstances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Allen Michael Blackstock

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 whether the sentence for misconduct in public office was manifestly excessive
  2. 2 whether the sentencing judge erred in principle by treating elements of the offence as aggravating factors
  3. 3 whether the statutory analogue provides a de facto maximum penalty

Ratio Decidendi

The statutory analogue is a reference point and does not limit sentencing discretion for common law offences; the sentence was stern but within the available range, reflecting the seriousness of a breach of public trust, substantial sums involved, deliberate deception, and prolonged offending; no specific errors of principle in sentencing were identified and the applicant's case for manifest excess was not made out.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Grant leave to appeal.
  • Appeal dismissed.