Vincent v R [2020] NSWCCA 271

Vincent v R [2020] NSWCCA 271

Ground 2 was established because the sentencing judge found special circumstances and stated that a 70% non-parole period ratio was appropriate, but the accumulation of the new sentence with existing sentences produced an effective ratio of 72.5% without adequate explanation that this departure was intended. The Court treated that as an unintended consequence requiring re-sentencing. Ground 1 was not established because, although the sentence was stern and outside the pattern of past sentences, it was not shown to be plainly unfair or unjust, particularly given the seriousness of the offending and the concurrency reflected in the aggregate sentence.

Jurisdiction
Australia
Judgment Date
21 October 2020
Procedural Posture
Crime; Sentence Appeal / Application for Leave to Appeal Against Sentence Imposed by the District Court at Campbelltown on 6 May 2019
Outcome
Leave to appeal granted; appeal allowed on Ground 2; sentence quashed and applicant re-sentenced. Ground 1 dismissed by Rothman J and Price J, with Gleeson JA finding it unnecessary to decide Ground 1.
Legal Topics
['sentence Appeal' 'manifest Excess' 'special Circumstances' 'non Parole Period' 'accumulation and Concurrency' 'aggregate Sentence' 'wound With Intent to Cause Grievous Bodily Harm' 'specially Aggravated Detain for Advantage']
['criminal Law' 'sentencing'] ['sentence Appeal' 'manifest Excess' 'special Circumstances' 'non Parole Period' 'accumulation and Concurrency' 'aggregate Sentence' 'wound With Intent to Cause Grievous Bodily Harm' 'specially Aggravated Detain for Advantage']

Case Brief

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Procedural Posture

Crime; Sentence Appeal / Application for Leave to Appeal Against Sentence Imposed by the District Court at Campbelltown on 6 May 2019

Legal Issues

  1. 1 ['Whether the aggregate sentence and non-parole period were manifestly excessive.' 'Whether the sentencing judge erred by failing to give effect to the finding of special circumstances when accumulation with existing sentences produced an effective non-parole period ratio different from the ratio stated by the judge.']

Ratio Decidendi

Ground 2 was established because the sentencing judge found special circumstances and stated that a 70% non-parole period ratio was appropriate, but the accumulation of the new sentence with existing sentences produced an effective ratio of 72.5% without adequate explanation that this departure was intended. The Court treated that as an unintended consequence requiring re-sentencing. Ground 1 was not established because, although the sentence was stern and outside the pattern of past sentences, it was not shown to be plainly unfair or unjust, particularly given the seriousness of the offending and the concurrency reflected in the aggregate sentence.

Court Disposition

Leave to appeal granted; appeal allowed on Ground 2; sentence quashed and applicant re-sentenced. Ground 1 dismissed by Rothman J and Price J, with Gleeson JA finding it unnecessary to decide Ground 1.

Orders

  • ['Leave to appeal granted.' 'The sentence imposed on the applicant by the District Court at Campbelltown on 6 May 2019, for the offences of wound with intent to cause grievous bodily harm and specially aggravated detain for advantage, each committed on 22 June 2016, is quashed.' "In lieu of the aforesaid sentence,...