Regina v Remilton [2001] NSWCCA 546

Regina v Remilton [2001] NSWCCA 546

The sentencing judge's suspended sentence was within the available sentencing discretion in this unusual case and no error was shown as to manifest inadequacy, but the appeal had to be allowed to correct the conditions attached to the suspended sentence because ss 12 and 95 of the Crimes (Sentencing Procedure) Act required a bond including a good behaviour condition. The original sentence was re-imposed in substance with compliant bond conditions, and the appeal was otherwise dismissed.

Jurisdiction
Australia
Judgment Date
06 December 2001
Procedural Posture
Criminal Law Crown Appeal Against Sentence / Court of Criminal Appeal Judgment on Appeal From District Court Sentence
Outcome
Appeal allowed in respect of the first count only to alter the suspended sentence bond conditions; appeal otherwise dismissed.
Legal Topics
['crown Appeal Against Sentence' 'manifest Inadequacy' 'suspended Sentence' 'offences of Violence Against Infant' 'good Behaviour Bond' 'general Deterrence' 'subjective Circumstances']
['criminal Law' 'sentencing'] ['crown Appeal Against Sentence' 'manifest Inadequacy' 'suspended Sentence' 'offences of Violence Against Infant' 'good Behaviour Bond' 'general Deterrence' 'subjective Circumstances']

Case Brief

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Procedural Posture

Criminal Law Crown Appeal Against Sentence / Court of Criminal Appeal Judgment on Appeal From District Court Sentence

Legal Issues

  1. 1 ['Whether the suspended sentence and bond imposed for maliciously inflicting grievous bodily harm and common assault were manifestly inadequate.' 'Whether the sentences failed to reflect the objective seriousness of the offences and the need for particular and general deterrence.' 'Whether the conditions attached to the suspended sentence complied with ss 12 and 95 of the Crimes (Sentencing Procedure) Act.']

Ratio Decidendi

The sentencing judge's suspended sentence was within the available sentencing discretion in this unusual case and no error was shown as to manifest inadequacy, but the appeal had to be allowed to correct the conditions attached to the suspended sentence because ss 12 and 95 of the Crimes (Sentencing Procedure) Act required a bond including a good behaviour condition. The original sentence was re-imposed in substance with compliant bond conditions, and the appeal was otherwise dismissed.

Court Disposition

Appeal allowed in respect of the first count only to alter the suspended sentence bond conditions; appeal otherwise dismissed.

Orders

  • ['The appeal is allowed in respect of the sentence passed on the first count.' 'In lieu of that sentence, the respondent is sentenced to imprisonment for two years, to date from 24 August 2001.' 'The sentence is suspended and the respondent is directed to enter into a bond for the term of the sentence.' 'Condition...