Regina v Baglee [1999] NSWCCA 223

Regina v Baglee [1999] NSWCCA 223

The sentence imposed was not manifestly excessive nor outside the permissible range given the seriousness and number of offences and the applicant's criminal record; however, the dates for commencement and expiry of the sentence must be varied to give full effect to credit for pre-sentence custody.

Jurisdiction
Australia
Judgment Date
04 August 1999
Procedural Posture
Criminal Appeal / Leave to Appeal and Variation of Sentence
Outcome
Leave to appeal granted; appeal allowed in part; dates of sentence varied.
Legal Topics
['sentencing' 'break Enter and Steal' 'totality Principle' 'parity Principle']
['criminal Law'] ['sentencing' 'break Enter and Steal' 'totality Principle' 'parity Principle']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Variation of Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed for break, enter and steal was manifestly excessive' 'Whether the principles of parity and totality were properly applied' 'Whether sufficient credit was given for pre-sentence custody']

Ratio Decidendi

The sentence imposed was not manifestly excessive nor outside the permissible range given the seriousness and number of offences and the applicant's criminal record; however, the dates for commencement and expiry of the sentence must be varied to give full effect to credit for pre-sentence custody.

Court Disposition

Leave to appeal granted; appeal allowed in part; dates of sentence varied.

Orders

  • ['Leave to appeal granted.' 'Sentence of two years and six months minimum term to commence 29 July 1998 and expire 28 January 2001.' 'Additional term of eighteen months to commence 29 January 2001 and expire 28 July 2002.']