McGeown v R [2014] NSWCCA 314

McGeown v R [2014] NSWCCA 314

The majority held that no error was shown in the sentencing judge's assessment of objective seriousness or in treating the offence as a serious ram-raid. Having regard to the offence committed in company while the applicant was on bail and subject to good behaviour bonds, the property damage, the Form 1 offences including assaulting police, her prior record, and also the 50% discount and subjective circumstances, the sentence of 4 years imprisonment with a 20 month non-parole period was not shown to be manifestly excessive or plainly unjust.

Jurisdiction
Australia
Judgment Date
17 December 2014
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manifest Excess' 'aggravated Break, Enter and Commit Serious Indictable Offence' 'ram Raid Offences' 'objective Seriousness' 'starting Point in Sentencing' 'form 1 Offences' 'discount for Guilty Plea and Assistance']
['criminal Law' 'sentencing' 'appeals'] ['manifest Excess' 'aggravated Break, Enter and Commit Serious Indictable Offence' 'ram Raid Offences' 'objective Seriousness' 'starting Point in Sentencing' 'form 1 Offences' 'discount for Guilty Plea and Assistance']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence of 4 years imprisonment with a non-parole period of 20 months was manifestly excessive.' 'Whether the sentencing judge erred in assessing the offence as above the mid-range of seriousness for offences of its type.' 'Whether it was appropriate to focus on ram-raids as a class of offending when assessing objective seriousness.' 'What relevance the undiscounted starting point had where the applicant received an undisputed 50% discount for plea and assistance.']

Ratio Decidendi

The majority held that no error was shown in the sentencing judge's assessment of objective seriousness or in treating the offence as a serious ram-raid. Having regard to the offence committed in company while the applicant was on bail and subject to good behaviour bonds, the property damage, the Form 1 offences including assaulting police, her prior record, and also the 50% discount and subjective circumstances, the sentence of 4 years imprisonment with a 20 month non-parole period was not shown to be manifestly excessive or plainly unjust.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']