Hutchen v R [2015] NSWCCA 101

Hutchen v R [2015] NSWCCA 101

Error was made by the sentencing judge in not giving effect to his intention regarding special circumstances; appropriate remedy is to increase concurrency to reduce the non-parole period ratio.

Parties
Applicant: Christopher Dallas Hutchen; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
20 May 2015
Procedural Posture
Sentence Appeal / Court of Criminal Appeal Judgment
Outcome
Appeal allowed; leave to appeal granted; sentence varied
Legal Topics
Sentence Appeal, Special Circumstances, Parole Revocation, Concurrency of Sentences, Drug Offences, Firearm Offences, Proceeds of Crime
Criminal Law Sentence Appeal Special Circumstances Parole Revocation Concurrency of Sentences Drug Offences Firearm Offences Proceeds of Crime

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Parties

Christopher Dallas Hutchen

Applicant

Regina

Respondent Crown

Procedural Posture

Sentence Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred in not giving effect to finding of special circumstances
  2. 2 Whether the sentencing judge failed to properly account for time spent in custody due to parole revocation

Ratio Decidendi

Error was made by the sentencing judge in not giving effect to his intention regarding special circumstances; appropriate remedy is to increase concurrency to reduce the non-parole period ratio.

Court Disposition

Appeal allowed; leave to appeal granted; sentence varied

Orders

  • Leave to appeal against sentence is granted.
  • The appeal is allowed.