Campbell v R [2018] NSWCCA 17

Campbell v R [2018] NSWCCA 17

The sentencing judge misstated the maximum penalty for the s 154A(1)(b) offence as 15 years when it was 5 years. The reasons were careful, comprehensive and revised, the same mistake was made each time an s 154A offence was mentioned, and the materials did not clearly show that the judge in fact acted on the correct maximum. The error had the capacity to infect the sentencing discretion and required intervention. The misstatement concerning the Form 1 s 154A(1)(a) offence did not itself constitute an error of principle because punishment is not imposed for Form 1 offences. On re-sentencing, the correct maximum and improved prospects of rehabilitation warranted a lesser aggregate custodial...

Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal From an Aggregate Sentence Imposed in the District Court After Pleas of Guilty
Outcome
Leave to appeal granted, appeal allowed, District Court sentence quashed and applicant re-sentenced to a lesser aggregate term of imprisonment.
Legal Topics
['appeal Against Sentence' 'misstatement of Maximum Penalty' 'house V R Error' 'aggregate Sentence' 'form 1 Offences' 'rehabilitation After Sentence' 'totality Principle' 'special Circumstances']
['criminal Law' 'sentencing' 'criminal Procedure'] ['appeal Against Sentence' 'misstatement of Maximum Penalty' 'house V R Error' 'aggregate Sentence' 'form 1 Offences' 'rehabilitation After Sentence' 'totality Principle' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal From an Aggregate Sentence Imposed in the District Court After Pleas of Guilty

Legal Issues

  1. 1 ['Whether the sentencing judge erred by applying the wrong maximum penalty for knowingly driving a stolen conveyance contrary to s 154A(1)(b) Crimes Act 1900 (NSW).' 'Whether the same misstatement for an offence taken into account on a Form 1 constituted an error of principle.' 'Whether, on re-exercise of the sentencing discretion, a lesser sentence was warranted in light of the correct maximum penalty and evidence of rehabilitation since sentence.']

Ratio Decidendi

The sentencing judge misstated the maximum penalty for the s 154A(1)(b) offence as 15 years when it was 5 years. The reasons were careful, comprehensive and revised, the same mistake was made each time an s 154A offence was mentioned, and the materials did not clearly show that the judge in fact acted on the correct maximum. The error had the capacity to infect the sentencing discretion and required intervention. The misstatement concerning the Form 1 s 154A(1)(a) offence did not itself constitute an error of principle because punishment is not imposed for Form 1 offences. On re-sentencing, the correct maximum and improved prospects of rehabilitation warranted a lesser aggregate custodial...

Court Disposition

Leave to appeal granted, appeal allowed, District Court sentence quashed and applicant re-sentenced to a lesser aggregate term of imprisonment.

Orders

  • ['Grant leave to appeal and allow the appeal.' 'Quash the sentence passed in the District Court on 14 December 2016 and instead sentence the applicant to a term of imprisonment, having a non-parole period of 2 years and 2 months commencing on 1 April 2016 and expiring on 31 May 2018 with an additional term of 2...