Regina v Colin Howarth [2002] NSWCCA 387

Regina v Colin Howarth [2002] NSWCCA 387

Although the offence was serious and aggravated by occurring whilst on parole for a similar matter, the head sentence of eight years exceeded the appropriate range indicated by precedent and statistics, especially given the early guilty plea, admissions, and background. Therefore, the sentence was manifestly excessive and the applicant should be resentenced to six and a half years with a reduced non-parole period.

Parties
Respondent: Regina; Applicant: Colin Howarth
Jurisdiction
Australia
Judgment Date
23 September 2002
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Sentence Appeal
Outcome
Appeal allowed, sentence quashed, applicant resentenced.
Legal Topics
Assault With Intent to Rob Whilst Armed, Sentencing, Manifest Excess: Sentence, Plea of Guilty
Criminal Law Assault With Intent to Rob Whilst Armed Sentencing Manifest Excess: Sentence Plea of Guilty

Case Brief

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Parties

Regina

Respondent

Colin Howarth

Applicant

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive for the offence of assault with intent to rob whilst armed with an offensive weapon
  2. 2 Appropriate approach to sentencing where offence is committed while on parole for similar offence

Ratio Decidendi

Although the offence was serious and aggravated by occurring whilst on parole for a similar matter, the head sentence of eight years exceeded the appropriate range indicated by precedent and statistics, especially given the early guilty plea, admissions, and background. Therefore, the sentence was manifestly excessive and the applicant should be resentenced to six and a half years with a reduced non-parole period.

Court Disposition

Appeal allowed, sentence quashed, applicant resentenced.

Orders

  • Leave to appeal granted.
  • Appeal allowed.