R v Stebbings [2001] NSWCCA 262

R v Stebbings [2001] NSWCCA 262

The sentence imposed in the District Court was manifestly excessive and out of proportion to the offence. The assault involved the applicant using his hands, no implement, no premeditation, no repetition and no finding of permanent injury, although it was serious and committed while on parole. The applicant also had significant subjective circumstances, disorders and health problems, and the 5 per cent guilty plea discount was inadequate. Re-sentencing to 2 years 6 months imprisonment with a non-parole period of 15 months was warranted.

Jurisdiction
Australia
Judgment Date
02 July 2001
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence From the District Court
Outcome
Leave to appeal granted; appeal allowed; District Court sentence quashed; applicant re-sentenced.
Legal Topics
['assault Occasioning Actual Bodily Harm' 'manifestly Excessive Sentence' 'proportionality' 'guilty Plea Discount' 'non Parole Period' 'parole' 'special Circumstances']
['criminal Law' 'sentencing'] ['assault Occasioning Actual Bodily Harm' 'manifestly Excessive Sentence' 'proportionality' 'guilty Plea Discount' 'non Parole Period' 'parole' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence From the District Court

Legal Issues

  1. 1 ['Whether the sentence of imprisonment for 4 years with a non-parole period of 2 years for assault occasioning actual bodily harm was manifestly excessive.' "Whether the 5 per cent discount allowed for the applicant's plea of guilty was too low." "What sentence should be imposed on re-sentencing, taking account of the offence, the applicant's record, subjective circumstances, health issues and pre-sentence custody."]

Ratio Decidendi

The sentence imposed in the District Court was manifestly excessive and out of proportion to the offence. The assault involved the applicant using his hands, no implement, no premeditation, no repetition and no finding of permanent injury, although it was serious and committed while on parole. The applicant also had significant subjective circumstances, disorders and health problems, and the 5 per cent guilty plea discount was inadequate. Re-sentencing to 2 years 6 months imprisonment with a non-parole period of 15 months was warranted.

Court Disposition

Leave to appeal granted; appeal allowed; District Court sentence quashed; applicant re-sentenced.

Orders

  • ['Leave to appeal be granted.' 'Appeal allowed.' 'The sentence imposed in the District Court be quashed. In lieu of the sentence imposed the applicant is sentenced to imprisonment for a period of 2 years 6 months to commence on 10 April 2000 and to expire on 9 October 2002 with a non-parole period of 15 months to...