Regina v White [2001] NSWCCA 343

Regina v White [2001] NSWCCA 343

The sentencing judge erred in the structure of the head sentence for count five in not properly applying s 16G and the discount for the plea; the circumstances, particularly hardship to the applicant's child and prospect of losing employment, were sufficiently exceptional to warrant sentences of periodic detention for counts four and five instead of full custody. Custodial sentences remain appropriate, but to be served by way of periodic detention for those counts.

Jurisdiction
Australia
Judgment Date
03 September 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal granted; appeal allowed in part; sentences for counts 2, 3, 4 and 5 quashed and new sentences imposed; sentence for count 1 confirmed.
Legal Topics
['sentence Appeal' 'imposition on Commonwealth by Untrue Representation' 'hardship to Dependants' 'mitigating Circumstances']
['criminal Law'] ['sentence Appeal' 'imposition on Commonwealth by Untrue Representation' 'hardship to Dependants' '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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in imposing sentences of imprisonment, particularly the head sentence for count 5' 'Appropriate application of s 16G of the Crimes Act (1914) (Cth) regarding the absence of remissions' 'Whether adequate discount was given for the guilty plea' "Whether hardship to the applicant's child justified a non-custodial or alternative sentence"]

Ratio Decidendi

The sentencing judge erred in the structure of the head sentence for count five in not properly applying s 16G and the discount for the plea; the circumstances, particularly hardship to the applicant's child and prospect of losing employment, were sufficiently exceptional to warrant sentences of periodic detention for counts four and five instead of full custody. Custodial sentences remain appropriate, but to be served by way of periodic detention for those counts.

Court Disposition

Application for leave to appeal granted; appeal allowed in part; sentences for counts 2, 3, 4 and 5 quashed and new sentences imposed; sentence for count 1 confirmed.

Orders

  • ['Leave to appeal granted.' 'Appeal against severity of sentence for count 1 dismissed.' 'Appeal allowed for counts 2, 3, 4, 5.' 'Sentences imposed in the District Court for counts 2, 3, 4, 5 quashed.' "In lieu: counts 2 and 3 - two months three weeks' imprisonment (concurrent), to date from 6 Dec 2000 to 27 Feb...