R v BURRELL [1999] NSWCCA 139

R v BURRELL [1999] NSWCCA 139

The Court found the sentences for counts 1 and 6 to be excessive for a first offender and mitigated by circumstances of the crossbow offence, warranting alignment of commencement dates. Sentences imposed for receiving offences were within appropriate range for offenders with prior convictions, and overall punishment matched total criminality. Proper weight was given to good character only for early offences; eligibility for home detention was properly denied given seriousness and term length.

Jurisdiction
Australia
Judgment Date
26 May 1999
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence and Sentencing Decision
Outcome
leave to appeal granted; appeal allowed; sentences on counts 2, 3, 4 and 5 quashed; substituted sentences imposed
Legal Topics
['sentencing' 'excessive Sentences' 'home Detention Eligibility']
['criminal Law'] ['sentencing' 'excessive Sentences' 'home Detention Eligibility']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence and Sentencing Decision

Legal Issues

  1. 1 ['whether sentences imposed were manifestly excessive' "whether proper weight was given to applicant's age and previous good character" 'whether the applicant was appropriately denied eligibility for home detention']

Ratio Decidendi

The Court found the sentences for counts 1 and 6 to be excessive for a first offender and mitigated by circumstances of the crossbow offence, warranting alignment of commencement dates. Sentences imposed for receiving offences were within appropriate range for offenders with prior convictions, and overall punishment matched total criminality. Proper weight was given to good character only for early offences; eligibility for home detention was properly denied given seriousness and term length.

Court Disposition

leave to appeal granted; appeal allowed; sentences on counts 2, 3, 4 and 5 quashed; substituted sentences imposed

Orders

  • ['Leave to appeal granted' 'Appeal allowed' 'Sentences for counts 2, 3, 4 and 5 quashed' 'On counts 2, 4 and 5: fixed term of 1 year 6 months commencing 20 October 1998, expiring 19 April 2000' 'On count 3: penal servitude for 3 years (minimum term 2 years commencing 20 October 1998, expiring 19 October 2000;...