Sheather v R [2009] NSWCCA 173

Sheather v R [2009] NSWCCA 173

Although the applicant was an adult and had a greater role in initiating the offence by making the taxi calls, his part in the crime after the victim picked up the passengers was no greater than BW's. In light of the applicant giving himself up, assisting police, giving evidence and demonstrating genuine remorse, the full-time custodial component of 16 months was out of proportion to BW's wholly suspended nine month control order. A term of full-time imprisonment remained appropriate, but the District Court sentence was excessive and required appellate intervention.

Jurisdiction
Australia
Judgment Date
30 June 2009
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Application for leave to appeal allowed; appeal upheld; District Court sentence quashed; applicant resentenced.
Legal Topics
['assault With Intent to Rob' 'guilty Plea' 'parity With Co Offenders' 'juvenile Co Offenders' 'assistance to Authorities' 'excessive Sentence']
['criminal Law' 'sentencing'] ['assault With Intent to Rob' 'guilty Plea' 'parity With Co Offenders' 'juvenile Co Offenders' 'assistance to Authorities' 'excessive Sentence']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentence imposed in the District Court was excessive when compared with the sentences imposed on co-offenders, including juvenile co-offender BW.' "Whether disparity between the applicant's sentence and BW's sentence gave rise to a legitimate sense of grievance despite the different sentencing regime for juveniles." 'What sentence should be imposed after allowing the appeal.']

Ratio Decidendi

Although the applicant was an adult and had a greater role in initiating the offence by making the taxi calls, his part in the crime after the victim picked up the passengers was no greater than BW's. In light of the applicant giving himself up, assisting police, giving evidence and demonstrating genuine remorse, the full-time custodial component of 16 months was out of proportion to BW's wholly suspended nine month control order. A term of full-time imprisonment remained appropriate, but the District Court sentence was excessive and required appellate intervention.

Court Disposition

Application for leave to appeal allowed; appeal upheld; District Court sentence quashed; applicant resentenced.

Orders

  • ['Application for leave to appeal allowed and sentence imposed in District Court quashed.' 'The applicant is sentenced to a non-parole period of 12 months commencing on 6 June 2008 and expiring on 5 June 2009 when the applicant is to be released to parole. There will be a balance of term of 12 months which will...