NASSAR, Athena Hope v R [2009] NSWCCA 100

NASSAR, Athena Hope v R [2009] NSWCCA 100

The sentences imposed were manifestly excessive in aggregate due to excessive accumulation and inadequate concurrence, particularly for a first offender with substantial mitigating circumstances and good prospects of rehabilitation; accordingly, leave to appeal is granted, the sentences are quashed, and lesser sentences are imposed.

Parties
Applicant: Athena Hope Nassar; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 April 2009
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed; sentences quashed and replaced with reduced sentences.
Legal Topics
Sentencing, Leave to Appeal, Appeal Against Severity, Manifestly Excessive Sentence
Criminal Law Sentencing Leave to Appeal Appeal Against Severity Manifestly Excessive Sentence

Case Brief

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Parties

Athena Hope Nassar

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Whether the starting point for sentences was too high
  3. 3 Whether insufficient weight was given to the applicant's subjective circumstances

Ratio Decidendi

The sentences imposed were manifestly excessive in aggregate due to excessive accumulation and inadequate concurrence, particularly for a first offender with substantial mitigating circumstances and good prospects of rehabilitation; accordingly, leave to appeal is granted, the sentences are quashed, and lesser sentences are imposed.

Court Disposition

Leave to appeal granted; appeal allowed; sentences quashed and replaced with reduced sentences.

Orders

  • Quash the sentences imposed on 11 June 2008 by Nield DCJ.
  • On Count 4: Imprisonment for 1 year with a non-parole period of 8 months from 8 June 2008 to 7 February 2009 and balance of 4 months from 8 February 2009 to 7 June 2009.