IN THE MATTER OF THE ATTORNEY GENERAL'S APPLICATION (NO 1) UNDER s26 OF THE CRIMINAL APPEAL ACT; R v PONFIELD; R v SCOTT; R v RYAN; R v JOHNSON [1999] NSWCCA 435

IN THE MATTER OF THE ATTORNEY GENERAL'S APPLICATION (NO 1) UNDER s26 OF THE CRIMINAL APPEAL ACT; R v PONFIELD; R v SCOTT; R v RYAN; R v JOHNSON [1999] NSWCCA 435

A guideline judgment should be issued concerning offences under s112(1) of the Crimes Act 1900 (NSW), indicating the relevant factors to be considered in sentencing but not specifying a particular range or starting point, due to wide variation in circumstances; Courts should enhance sentences where aggravating factors are present, and mitigate where appropriate, consistently with legislative requirements and established authority.

Jurisdiction
Australia
Judgment Date
16 December 1999
Procedural Posture
Guideline Judgment Application and Sentencing Appeals / Court of Criminal Appeal Judgment
Outcome
Guideline judgment issued; general sentencing appeals and applications addressed as conjoined.
Legal Topics
['sentencing Guidelines' 'property Offences' 'breaking, Entering and Stealing' 'statutory Interpretation' 'mitigating and Aggravating Factors']
['criminal Law'] ['sentencing Guidelines' 'property Offences' 'breaking, Entering and Stealing' 'statutory Interpretation' 'mitigating and Aggravating Factors']

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Procedural Posture

Guideline Judgment Application and Sentencing Appeals / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ['Whether a guideline judgment should be issued for offences under s112(1) of the Crimes Act 1900 (NSW)' 'What form the guideline judgment should take, if any' 'Appropriate sentencing considerations for the offence of breaking, entering and stealing']

Ratio Decidendi

A guideline judgment should be issued concerning offences under s112(1) of the Crimes Act 1900 (NSW), indicating the relevant factors to be considered in sentencing but not specifying a particular range or starting point, due to wide variation in circumstances; Courts should enhance sentences where aggravating factors are present, and mitigate where appropriate, consistently with legislative requirements and established authority.

Court Disposition

Guideline judgment issued; general sentencing appeals and applications addressed as conjoined.

Orders

  • []