Regina v AB [2017] NSWCCA 88

Regina v AB [2017] NSWCCA 88

The head sentence was not manifestly inadequate because the 20% guilty plea discount and 25% assistance discount were open to the sentencing judge and the resulting sentence was not unreasonably disproportionate to the offence. However, the non-parole period of 3 years was manifestly inadequate because it failed to reflect the minimum imprisonment required for a premeditated and vicious offence well above the middle range of seriousness, did not adequately account for objective gravity and general deterrence, and relied in part on unsupported speculation that custody would be more onerous or protective custody might be required. The residual discretion was not exercised, and the...

Jurisdiction
Australia
Judgment Date
05 May 2017
Procedural Posture
Criminal Sentencing Appeal / Crown Appeal Under S 5 D of the Criminal Appeal Act 1912 (nsw) Against a District Court Sentence on the Ground of Manifest Inadequacy
Outcome
Appeal allowed; sentence set aside and respondent resentenced.
Legal Topics
['manifest Inadequacy' 'non Parole Period' 'guilty Plea Discount' 'assistance to Authorities' 'special Circumstances' 'general Deterrence' 'grievous Bodily Harm With Intent']
['criminal Law' 'sentencing' 'criminal Appeals'] ['manifest Inadequacy' 'non Parole Period' 'guilty Plea Discount' 'assistance to Authorities' 'special Circumstances' 'general Deterrence' 'grievous Bodily Harm With Intent']

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Procedural Posture

Criminal Sentencing Appeal / Crown Appeal Under S 5 D of the Criminal Appeal Act 1912 (nsw) Against a District Court Sentence on the Ground of Manifest Inadequacy

Legal Issues

  1. 1 ['Whether the sentence imposed for causing grievous bodily harm with intent was manifestly inadequate.' 'Whether a 20% discount for a guilty plea entered on or about arraignment was excessive.' 'Whether a 25% discount for assistance to authorities was excessive.' 'Whether the non-parole period of 3 years was manifestly inadequate.' 'Whether special circumstances justified varying the statutory ratio between the head sentence and non-parole period to the extent imposed.' 'Whether the Court should exercise the residual discretion not to intervene in a Crown appeal.']

Ratio Decidendi

The head sentence was not manifestly inadequate because the 20% guilty plea discount and 25% assistance discount were open to the sentencing judge and the resulting sentence was not unreasonably disproportionate to the offence. However, the non-parole period of 3 years was manifestly inadequate because it failed to reflect the minimum imprisonment required for a premeditated and vicious offence well above the middle range of seriousness, did not adequately account for objective gravity and general deterrence, and relied in part on unsupported speculation that custody would be more onerous or protective custody might be required. The residual discretion was not exercised, and the...

Court Disposition

Appeal allowed; sentence set aside and respondent resentenced.

Orders

  • ['Appeal allowed.' 'Set aside the sentence imposed on the offender and in lieu thereof sentence the offender to a term of imprisonment commencing on 30 September 2016 comprising a non-parole period of 4 years and 4 months and a balance of term of 2 years and 4 months, expiring on 29 May 2023. The earliest date on...