Regina v Catlin [2004] NSWCCA 417

Regina v Catlin [2004] NSWCCA 417

The sentencing miscarried because Judge Davidson did not approach the sentencing exercise in the manner required by the Periodic Detention of Prisoners Act 1981 as amended: he did not clearly impose a fixed term of imprisonment for 2.5 years or a total sentence apportioned between minimum and additional terms before ordering periodic detention. The Court therefore granted leave, allowed the appeal, quashed the sentence and substituted a sentence correcting the error.

Jurisdiction
Australia
Judgment Date
24 November 2004
Procedural Posture
Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
Extension of time granted; leave to appeal against sentence granted; appeal allowed; sentence quashed; substituted sentence imposed to be served by periodic detention.
Legal Topics
['stealing From Employer' 'periodic Detention' 'recognisance Breach' 'non Parole Period' 'extension of Time to Appeal']
['criminal Law' 'sentencing' 'criminal Procedure'] ['stealing From Employer' 'periodic Detention' 'recognisance Breach' 'non Parole Period' 'extension of Time to Appeal']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether time should be extended to permit the application for leave to appeal against sentence.' 'Whether the sentencing judge failed to apply the Periodic Detention of Prisoners Act 1981 as amended with effect from 1 February 1999.' 'Whether the sentencing judge erred in failing to set a non-parole period.' 'Whether a different, less severe sentence was warranted.']

Ratio Decidendi

The sentencing miscarried because Judge Davidson did not approach the sentencing exercise in the manner required by the Periodic Detention of Prisoners Act 1981 as amended: he did not clearly impose a fixed term of imprisonment for 2.5 years or a total sentence apportioned between minimum and additional terms before ordering periodic detention. The Court therefore granted leave, allowed the appeal, quashed the sentence and substituted a sentence correcting the error.

Court Disposition

Extension of time granted; leave to appeal against sentence granted; appeal allowed; sentence quashed; substituted sentence imposed to be served by periodic detention.

Orders

  • ['Grant the extension of time necessary to permit of the entertaining of the present application for leave to appeal.' 'Grant leave to appeal against sentence.' 'Appeal allowed; sentence quashed.' 'In lieu thereof order a sentence of imprisonment of 12 months to commence on 1 December 2004 and expire on 30 November...