D A C v Regina [2006] NSWCCA 265

D A C v Regina [2006] NSWCCA 265

The sentencing judge erred in applying a standard non-parole period to an attempt offence not listed in the statutory table, constituting a miscarriage of sentencing discretion. The non-parole period for the fourth count should be reduced to four years to reflect both the seriousness of the offending and the applicant's youth and intellectual impairment, while ensuring the applicant's continued detention as a juvenile offender given special circumstances.

Parties
Applicant: D A C; Respondent: Regina
Jurisdiction
Australia
Judgment Date
30 August 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Sentence Appeal
Outcome
Application for leave to appeal granted; appeal allowed in respect of the non-parole period for count four.
Legal Topics
Sentencing, Standard Non Parole Period, Juvenile Offenders, Attempted Sexual Assault, Concurrent Sentencing
Criminal Law Sentencing Standard Non Parole Period Juvenile Offenders Attempted Sexual Assault Concurrent Sentencing

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Parties

D A C

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred by applying the standard non-parole period to an attempt offence not listed in the table under s 54D of the Crimes (Sentencing Procedure) Act 1999
  2. 2 Whether the non-parole period imposed for count four was manifestly excessive
  3. 3 Application of Children (Criminal Proceedings) Act 1987 s 19 regarding serving sentence as a juvenile offender

Ratio Decidendi

The sentencing judge erred in applying a standard non-parole period to an attempt offence not listed in the statutory table, constituting a miscarriage of sentencing discretion. The non-parole period for the fourth count should be reduced to four years to reflect both the seriousness of the offending and the applicant's youth and intellectual impairment, while ensuring the applicant's continued detention as a juvenile offender given special circumstances.

Court Disposition

Application for leave to appeal granted; appeal allowed in respect of the non-parole period for count four.

Orders

  • The non-parole period specified for the fourth count is quashed.
  • In lieu, a non-parole period of four years imprisonment is fixed, to expire on 30 May 2009.