Charnock v R [2015] NSWDC 361

Charnock v R [2015] NSWDC 361

Because the appellant was only 20, had only one minor prior entry on his record, and had already spent two nights in custody for offences that would ordinarily attract fines, the custody was a traumatising and sobering experience amounting to more than enough deterrence; accordingly the sentences were set aside and the charges dismissed without conviction under s 10(1)(a).

Jurisdiction
Australia
Judgment Date
10 November 2015
Procedural Posture
Criminal Appeal Against Sentence and Application Concerning Guilty Plea / District Court Appeal From Local Court Decision of 10 August 2015
Outcome
Leave granted to withdraw conviction appeal; application to set aside guilty plea dismissed; sentence appeal allowed; sentences set aside; appellant found guilty without conviction and charges dismissed.
Legal Topics
['reckless Damage to Property' 'trespass on Train Lines' 'withdrawal of Conviction Appeal' 'application to Set Aside Guilty Plea' 'section 10 Dismissal Without Conviction' 'youth of Offender' 'specific Deterrence']
['criminal Law' 'sentencing'] ['reckless Damage to Property' 'trespass on Train Lines' 'withdrawal of Conviction Appeal' 'application to Set Aside Guilty Plea' 'section 10 Dismissal Without Conviction' 'youth of Offender' 'specific Deterrence']

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Procedural Posture

Criminal Appeal Against Sentence and Application Concerning Guilty Plea / District Court Appeal From Local Court Decision of 10 August 2015

Legal Issues

  1. 1 ['Whether leave should be granted to withdraw the conviction appeal and whether the application to set aside the guilty plea should be dismissed.' 'Whether the sentences imposed in the Local Court should be set aside and the charges dismissed without conviction under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

Because the appellant was only 20, had only one minor prior entry on his record, and had already spent two nights in custody for offences that would ordinarily attract fines, the custody was a traumatising and sobering experience amounting to more than enough deterrence; accordingly the sentences were set aside and the charges dismissed without conviction under s 10(1)(a).

Court Disposition

Leave granted to withdraw conviction appeal; application to set aside guilty plea dismissed; sentence appeal allowed; sentences set aside; appellant found guilty without conviction and charges dismissed.

Orders

  • ['Leave granted to withdraw the application for leave to set aside the plea of guilty.' 'The application for leave to set aside the plea of guilty is dismissed.' 'Under s 20(2) of the Crimes (Appeal and Review) Act 2001 (NSW), the appeal against sentence is determined by setting aside both sentences.' 'Under s...