Regina v Mathieson [2002] NSWCCA 97

Regina v Mathieson [2002] NSWCCA 97

The sentences imposed for counts 3, 4, and 5 were set aside as manifestly inadequate and containing material errors, particularly in relation to the non-parole period and the sentencing judge's findings on the consequences of escape, not supported by evidence. The respondent was resentenced to terms commencing 6 August 2001, with a head sentence of 3 years and 9 months and a non-parole period of one year and nine months for each of those counts.

Parties
Applicant: Crown; Respondent: Steven Robert Mathieson
Jurisdiction
Australia
Judgment Date
27 March 2002
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Sentencing, Crown Appeal, Discount for Assistance, Manifest Inadequacy, Factual Error, Fixing Non Parole Period
Criminal Law Sentencing Crown Appeal Discount for Assistance Manifest Inadequacy Factual Error Fixing Non Parole Period

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Parties

Crown

Applicant

Steven Robert Mathieson

Respondent

Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether the sentences imposed were manifestly inadequate
  2. 2 Whether factual errors materially affected the sentencing outcome
  3. 3 Whether discounts for guilty plea and assistance were correctly applied

Ratio Decidendi

The sentences imposed for counts 3, 4, and 5 were set aside as manifestly inadequate and containing material errors, particularly in relation to the non-parole period and the sentencing judge's findings on the consequences of escape, not supported by evidence. The respondent was resentenced to terms commencing 6 August 2001, with a head sentence of 3 years and 9 months and a non-parole period of one year and nine months for each of those counts.

Court Disposition

Appeal allowed in part

Orders

  • Crown appeals in relation to sentences for Counts 1, 2, and 6 dismissed
  • Crown appeals in relation to sentences for Counts 3, 4 and 5 allowed; sentences set aside