ATTORNEY GENERAL'S APPLICATION UNDER s37 OF THE CRIMES (SENTENCING PROCEDURE) ACT 1999 NO 1 OF 2002 [2002] NSWCCA 518

ATTORNEY GENERAL'S APPLICATION UNDER s37 OF THE CRIMES (SENTENCING PROCEDURE) ACT 1999 NO 1 OF 2002 [2002] NSWCCA 518

The Act requires courts sentencing offenders to focus on the principal offence and may increase the sentence where guilt on other offences (Form 1) is admitted, but must not adopt a 'top down' approach of notionally sentencing for all offences and then applying a discount; the increase in penalty for taking Form 1 offences into account should not generally be quantified, and the court’s discretion governs when and how to take further offences into account.

Jurisdiction
Australia
Judgment Date
20 December 2002
Procedural Posture
Application for Guideline Judgment / Court of Criminal Appeal Judgment on Attorney General's Application Under S37 Crimes (sentencing Procedure) Act 1999
Outcome
Application granted in part.
Legal Topics
['sentencing' 'form 1 Offences' 'guideline Judgments' 'crimes (sentencing Procedure) Act 1999' 'taking Into Account Uncharged Offences']
['criminal Law'] ['sentencing' 'form 1 Offences' 'guideline Judgments' 'crimes (sentencing Procedure) Act 1999' 'taking Into Account Uncharged Offences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Guideline Judgment / Court of Criminal Appeal Judgment on Attorney General's Application Under S37 Crimes (sentencing Procedure) Act 1999

Legal Issues

  1. 1 ["What is the meaning of 'take into account' under s33 of the Act and what is the fundamental approach for sentencing courts?" 'In what circumstances should the Form 1 procedure be used or not used?' 'To what extent should the penalty for the principal offence be increased when other offences are taken into account?' 'What steps should a sentencing court take when the Form 1 procedure is used?']

Ratio Decidendi

The Act requires courts sentencing offenders to focus on the principal offence and may increase the sentence where guilt on other offences (Form 1) is admitted, but must not adopt a 'top down' approach of notionally sentencing for all offences and then applying a discount; the increase in penalty for taking Form 1 offences into account should not generally be quantified, and the court’s discretion governs when and how to take further offences into account.

Court Disposition

Application granted in part.

Orders

  • ['Guideline judgment given clarifying that sentencing is only for the principal offence, and Form 1 offences may increase penalty but not as if sentenced for them separately.' 'No requirement that the quantum of increase due to Form 1 offences be specified.']