Calhoun (a pseudonym) v R [2018] NSWCCA 150

Calhoun (a pseudonym) v R [2018] NSWCCA 150

The Court was not persuaded that the sentencing judge overlooked the impact of wholly accumulating the aggregate sentence on the existing sentence or failed to consider that matter in relation to special circumstances. The judge had given detailed consideration to the applicant's pre-existing custody, accumulation, institutionalisation and the factors relevant to special circumstances, and was entitled to regard the non-parole period of 6 years 9 months commencing on 24 December 2014 as the minimum period required to reflect the criminality of the serious violent offences. The asserted House error was not established.

Jurisdiction
Australia
Judgment Date
25 July 2018
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence and Appeal From District Court Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['special Circumstances' 'non Parole Period' 'accumulation of Sentences' 'revoked Parole' 'house Error']
['criminal Law' 'sentencing'] ['special Circumstances' 'non Parole Period' 'accumulation of Sentences' 'revoked Parole' 'house Error']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence and Appeal From District Court Sentence

Legal Issues

  1. 1 ['Whether, in failing to find special circumstances under s 44(2B) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentencing judge failed to have regard to the effect of wholly accumulating the sentence on a pre-existing sentence.' 'Whether the overall ratio between the non-parole period and the total term in custody exceeding 75% demonstrated sentencing error.']

Ratio Decidendi

The Court was not persuaded that the sentencing judge overlooked the impact of wholly accumulating the aggregate sentence on the existing sentence or failed to consider that matter in relation to special circumstances. The judge had given detailed consideration to the applicant's pre-existing custody, accumulation, institutionalisation and the factors relevant to special circumstances, and was entitled to regard the non-parole period of 6 years 9 months commencing on 24 December 2014 as the minimum period required to reflect the criminality of the serious violent offences. The asserted House error was not established.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence is granted.' 'The appeal is dismissed.']