R v Parker [2004] NSWCCA 115

R v Parker [2004] NSWCCA 115

The appeal succeeded because the sentencing judge failed to take into account and reflect any reduction for the applicant's pleas of guilty. The grounds concerning Local Court disposition and manifest severity were not made out, but the established error required resentencing, with discounts for the pleas and consideration of special circumstances.

Jurisdiction
Australia
Judgment Date
06 April 2004
Procedural Posture
Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal and Appeal From Sentences Imposed in the District Court
Outcome
Leave granted; appeal allowed; sentences imposed quashed; applicant resentenced.
Legal Topics
['appeal Against Severity' 'discount for Pleas of Guilty' 'break, Enter and Steal' 'form 1 Matters' 'manifest Severity' 'local Court Jurisdiction' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['appeal Against Severity' 'discount for Pleas of Guilty' 'break, Enter and Steal' 'form 1 Matters' 'manifest Severity' 'local Court Jurisdiction' 'non Parole Period' 'special Circumstances']

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Procedural Posture

Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal and Appeal From Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge failed to take into account the applicant's pleas of guilty and the utilitarian value of those pleas." 'Whether the sentencing judge should have taken into account that the matters could have been brought before the Local Court.' 'Whether the sentences imposed were manifestly severe.' 'What sentences should be imposed on resentencing.']

Ratio Decidendi

The appeal succeeded because the sentencing judge failed to take into account and reflect any reduction for the applicant's pleas of guilty. The grounds concerning Local Court disposition and manifest severity were not made out, but the established error required resentencing, with discounts for the pleas and consideration of special circumstances.

Court Disposition

Leave granted; appeal allowed; sentences imposed quashed; applicant resentenced.

Orders

  • ['Leave granted.' 'Appeal allowed.' 'The sentences imposed were quashed.' 'On count 1, a fixed term sentence of two and a half years was imposed, commencing on 4 December 2002 and expiring on 3 June 2005.' 'On count 2, taking into account the Form 1 matter, a sentence of four years was imposed, commencing on 4...