Regina v Brendan Bernard CAMPBELL [2000] NSWCCA 154

Regina v Brendan Bernard CAMPBELL [2000] NSWCCA 154

Leave to appeal is granted; the sentence imposed for break, enter and steal was beyond sentencing discretion for that offence and needs adjustment in accordance with Pearce principles, but the overall period to serve should remain undisturbed. The assistance provided did not warrant a reduction; totality principle applied; sentences varied only to comply with Pearce.

Jurisdiction
Australia
Judgment Date
01 May 2000
Procedural Posture
Criminal Appeal / Sentence Appeal; Application for Leave to Appeal
Outcome
Application for leave to appeal allowed; appeal upheld in part; sentences on counts 21 and 1 quashed and varied; overall sentence period undisturbed.
Legal Topics
['sentence Appeal' 'multiple Offences' 'failure to Allow Discount for Assistance to Authorities' 'manifestly Excessive Sentence' 'special Circumstances' 'application of Pearce Principles']
['criminal Law'] ['sentence Appeal' 'multiple Offences' 'failure to Allow Discount for Assistance to Authorities' 'manifestly Excessive Sentence' 'special Circumstances' 'application of Pearce Principles']

Case Brief

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Procedural Posture

Criminal Appeal / Sentence Appeal; Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to allow a discount for assistance to authorities under s 442B of the Crimes Act 1900' "Whether the sentence was manifestly excessive given the applicant's plea of guilty, cooperation, and subjective circumstances" 'Whether special circumstances were established to warrant a longer additional term for rehabilitation' 'Whether the sentencing judge complied with the principles set out in Pearce (1998) 194 CLR 610 in sentencing for multiple offences']

Ratio Decidendi

Leave to appeal is granted; the sentence imposed for break, enter and steal was beyond sentencing discretion for that offence and needs adjustment in accordance with Pearce principles, but the overall period to serve should remain undisturbed. The assistance provided did not warrant a reduction; totality principle applied; sentences varied only to comply with Pearce.

Court Disposition

Application for leave to appeal allowed; appeal upheld in part; sentences on counts 21 and 1 quashed and varied; overall sentence period undisturbed.

Orders

  • ['Leave to appeal is granted.' 'Sentence on count 21 (break, enter and steal) quashed; in lieu, fixed term of 3 years imposed from 18 December 1998 to 17 December 2001.' 'Sentence on count 1 quashed; in lieu, minimum term of 18 months imposed from 18 December 2001 to 17 June 2003, with additional term of 18 months...