R v SWAN [2005] NSWCCA 252

R v SWAN [2005] NSWCCA 252

The adjustment to the non-parole period for Counts 2 and 3 was required to reflect the statutory ratio of non-parole period to balance of sentence, as the original sentence failed to make that adjustment for cumulative sentencing; the Court granted the appeal in part and set a new non-parole period as per its orders.

Parties
Appellant: Anthony Dean SWAN; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
22 July 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal granted in part.
Legal Topics
Appeal Against Sentence, Cumulative Sentences, Special Circumstances, Non Parole Period Ratio
Criminal Law Appeal Against Sentence Cumulative Sentences Special Circumstances Non Parole Period Ratio

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Anthony Dean SWAN

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the non-parole period imposed was excessive compared to the overall sentence
  2. 2 Whether special circumstances justified a departure from the statutory ratio of non-parole period to balance of sentence

Ratio Decidendi

The adjustment to the non-parole period for Counts 2 and 3 was required to reflect the statutory ratio of non-parole period to balance of sentence, as the original sentence failed to make that adjustment for cumulative sentencing; the Court granted the appeal in part and set a new non-parole period as per its orders.

Court Disposition

Leave to appeal granted; appeal granted in part.

Orders

  • Sentences on Counts 2 and 3 be quashed only insofar as the non-parole period is concerned and, in lieu thereof, a non-parole period of twelve (12) months commencing 1 February 2005 and ending on 31 January 2006 be imposed.
  • The prisoner be released on parole on 31 January 2006 on the usual conditions.