Anthony John Priest v R [2009] NSWCCA 33

Anthony John Priest v R [2009] NSWCCA 33

The sentencing judge intended to apply parity with the co-offender but proceeded on incorrect Crown information that the co-offender had received an additional 25% discount for assistance, when in fact the co-offender received a combined 25% discount for plea and assistance. Because the co-offender's true starting point was 4 years imprisonment, the same starting point should apply to the applicant before allowing a guilty plea discount towards the lower end of the 10%-25% range. The sentence was therefore quashed and the applicant re-sentenced.

Jurisdiction
Australia
Judgment Date
19 February 2009
Procedural Posture
Criminal Appeal Against Sentence Severity / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted, appeal allowed, District Court sentence quashed, and the applicant re-sentenced to a non-parole period of 1 year 8 months and a total term of 3 years 4 months commencing on 14 November 2007.
Legal Topics
['aggravated Robbery' 'parity in Sentencing' 'co Offender Sentences' 'guilty Plea Discount' 'inaccurate Sentencing Information']
['criminal Law' 'sentencing'] ['aggravated Robbery' 'parity in Sentencing' 'co Offender Sentences' 'guilty Plea Discount' 'inaccurate Sentencing Information']

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Procedural Posture

Criminal Appeal Against Sentence Severity / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the applicant had a legitimate sense of grievance when comparing his sentence with that imposed on his co-offender.' "Whether the sentence was affected by error because the sentencing judge was given inaccurate information about the discount applied to the co-offender's sentence." "What sentence should be imposed on re-sentencing after applying parity and an appropriate discount for the applicant's guilty plea."]

Ratio Decidendi

The sentencing judge intended to apply parity with the co-offender but proceeded on incorrect Crown information that the co-offender had received an additional 25% discount for assistance, when in fact the co-offender received a combined 25% discount for plea and assistance. Because the co-offender's true starting point was 4 years imprisonment, the same starting point should apply to the applicant before allowing a guilty plea discount towards the lower end of the 10%-25% range. The sentence was therefore quashed and the applicant re-sentenced.

Court Disposition

Leave to appeal granted, appeal allowed, District Court sentence quashed, and the applicant re-sentenced to a non-parole period of 1 year 8 months and a total term of 3 years 4 months commencing on 14 November 2007.

Orders

  • ['Grant leave to appeal.' 'Allow the appeal.' 'Quash the sentence imposed in the District Court.' 'Sentence the applicant to a non-parole period of 1 year 8 months with the total term of imprisonment being 3 years 4 months with both terms to commence on 14 November 2007.' 'The total term of imprisonment will expire...