R v Shipley [2000] NSWCCA 411

R v Shipley [2000] NSWCCA 411

The sentencing judge proceeded on a misunderstanding of the applicant's criminal history, failed to appropriately consider the offence could have been dealt with summarily, and thus imposed a manifestly excessive sentence. The appeal should be upheld and a fixed term sentence of twelve months imposed.

Jurisdiction
Australia
Judgment Date
06 October 2000
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment on Application for Leave to Appeal Sentence
Outcome
Leave to appeal granted; appeal upheld; sentence substituted
Legal Topics
['sentencing' 'manifest Excess' 'structure of Sentence' 'special Circumstances']
['criminal Law'] ['sentencing' 'manifest Excess' 'structure of Sentence' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment on Application for Leave to Appeal Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in the structure of the sentence under s 5(2) Sentencing Act 1989' 'Whether there were special circumstances justifying departure from conventional sentencing structure' 'Whether the sentence was manifestly excessive in all the circumstances']

Ratio Decidendi

The sentencing judge proceeded on a misunderstanding of the applicant's criminal history, failed to appropriately consider the offence could have been dealt with summarily, and thus imposed a manifestly excessive sentence. The appeal should be upheld and a fixed term sentence of twelve months imposed.

Court Disposition

Leave to appeal granted; appeal upheld; sentence substituted

Orders

  • ['Leave to appeal granted' 'Appeal upheld' 'Sentence of imprisonment for a fixed term of twelve months commencing on 1 October 1999 and expiring on 30 September 2000 substituted']