Glare v R [2015] NSWCCA 194

Glare v R [2015] NSWCCA 194

The sentencing judge erred by selecting an aggregate sentence and then applying the 40% discount for the applicant's pleas of guilty and assistance, instead of recording indicative sentences for each count after taking those matters into account as required by s 53A(2)(b). On resentencing, the offences were serious and repetitive but at the lower end of objective seriousness for ss 112(2) and 113(2), and the applicant's subjective case, rehabilitation prospects, assistance, guilty pleas, special circumstances, totality, and parity with co-offenders warranted a lesser aggregate sentence of 2 years and 6 months with an aggregate non-parole period of 1 year and 3 months.

Jurisdiction
Australia
Judgment Date
22 July 2015
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Resentencing After Appeal From District Court Sentence
Outcome
Application for leave to appeal against sentence granted, appeal allowed, District Court sentence quashed, and applicant resentenced to a lesser aggregate sentence resulting in immediate release on parole.
Legal Topics
['aggregate Sentence' 'indicative Sentences' 'discount for Guilty Plea and Assistance' 'parity' 'totality' 'parole']
['criminal Law' 'sentencing'] ['aggregate Sentence' 'indicative Sentences' 'discount for Guilty Plea and Assistance' 'parity' 'totality' 'parole']

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Resentencing After Appeal From District Court Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to take into account the pleas of guilty and assistance when specifying indicative sentences for each count under s 53A(2)(b) Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Whether a different, less severe sentence was warranted on resentencing.' 'Whether considerations of parity and proportionality concerning co-offenders should inform resentencing.']

Ratio Decidendi

The sentencing judge erred by selecting an aggregate sentence and then applying the 40% discount for the applicant's pleas of guilty and assistance, instead of recording indicative sentences for each count after taking those matters into account as required by s 53A(2)(b). On resentencing, the offences were serious and repetitive but at the lower end of objective seriousness for ss 112(2) and 113(2), and the applicant's subjective case, rehabilitation prospects, assistance, guilty pleas, special circumstances, totality, and parity with co-offenders warranted a lesser aggregate sentence of 2 years and 6 months with an aggregate non-parole period of 1 year and 3 months.

Court Disposition

Application for leave to appeal against sentence granted, appeal allowed, District Court sentence quashed, and applicant resentenced to a lesser aggregate sentence resulting in immediate release on parole.

Orders

  • ['Grant the application for leave to appeal against sentence and allow the appeal.' 'Quash the sentence imposed in the District Court and in lieu thereof the applicant is sentenced to an aggregate sentence comprising an aggregate non-parole period of one year and three months commencing 30 March 2014 and expiring 29...