Flynn v R [2010] NSWCCA 171

Flynn v R [2010] NSWCCA 171

Error was established because the sentencing judge's finding of special circumstances was not properly reflected in the ratio of non-parole period to total sentence. The appropriate manner of resentencing required a reduction in the non-parole period for certain charges and restructuring of the sentences, while confirmation of the compensation order was justified, though one judge would have annulled it for want of compliance with mandatory considerations.

Parties
Applicant: Ashley Flynn; Respondent: Regina
Jurisdiction
Australia
Judgment Date
06 August 2010
Procedural Posture
Criminal Appeal / Decision on Application for Extension of Time and Appeal Against Sentence From District Court
Outcome
Partly allowed. Leave to appeal and extend time granted. Appeal allowed to the extent specified. Sentences on charges 6 and 8 quashed and reimposed as per new structure. Compensation order upheld by majority; one judge would have annulled it.
Legal Topics
Sentencing, Appeals Against Sentence, Compensation Orders, Manifest Excess, Special Circumstances, Health Issues in Sentencing
Criminal Law Sentencing Appeals Against Sentence Compensation Orders Manifest Excess Special Circumstances Health Issues in Sentencing

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Parties

Ashley Flynn

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Decision on Application for Extension of Time and Appeal Against Sentence From District Court

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Whether the sentencing judge adequately regarded special circumstances, health problems, and the applicant's background
  3. 3 Whether the compensation order was lawfully made and with proper consideration of mandatory factors

Ratio Decidendi

Error was established because the sentencing judge's finding of special circumstances was not properly reflected in the ratio of non-parole period to total sentence. The appropriate manner of resentencing required a reduction in the non-parole period for certain charges and restructuring of the sentences, while confirmation of the compensation order was justified, though one judge would have annulled it for want of compliance with mandatory considerations.

Court Disposition

Partly allowed. Leave to appeal and extend time granted. Appeal allowed to the extent specified. Sentences on charges 6 and 8 quashed and reimposed as per new structure. Compensation order upheld by majority; one judge would have annulled it.

Orders

  • Leave to extend time to appeal granted.
  • Leave to appeal granted.