Regina v Shaw [2001] NSWCCA 44

Regina v Shaw [2001] NSWCCA 44

The sentence imposed was manifestly excessive given the early plea, cooperation, the value and unremarkable nature of the offences, and absence of many aggravating features; a substantial discount should have been allowed. The appropriate sentence is 4 years imprisonment with a non-parole period of 2.5 years, commencing 1 March 1999.

Jurisdiction
Australia
Judgment Date
20 February 2001
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Re Sentencing
Outcome
Appeal allowed; re-sentenced.
Legal Topics
['sentencing' 'break Enter and Steal' 'discount for Early Plea' 'parole Revocation' 'rehabilitation' 'manifest Excess']
['criminal Law'] ['sentencing' 'break Enter and Steal' 'discount for Early Plea' 'parole Revocation' 'rehabilitation' 'manifest Excess']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Re Sentencing

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' "Whether proper allowance was made for the applicant's early plea and admissions" 'The proper approach to sentencing for multiple break enter and steal offences, taking into account factors such as value of property, planning, and recidivism']

Ratio Decidendi

The sentence imposed was manifestly excessive given the early plea, cooperation, the value and unremarkable nature of the offences, and absence of many aggravating features; a substantial discount should have been allowed. The appropriate sentence is 4 years imprisonment with a non-parole period of 2.5 years, commencing 1 March 1999.

Court Disposition

Appeal allowed; re-sentenced.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Sentence imposed on 3 June 1999 set aside.' 'In lieu, on each count: term of imprisonment for 4 years with a non-parole period of 2.5 years, commencing 1 March 1999 and expiring 31 August 2001.' 'Applicant eligible for release on parole 1 September 2001.']