Pritchard v R [2024] NSWCCA 215

Pritchard v R [2024] NSWCCA 215

The sentencing judge erred in failing to provide reasons for declining to set a non-parole period, but this error did not warrant a lesser sentence. Considering the objective seriousness of the offence, subjective circumstances, and the sentencing structure, the Court found that no lesser sentence was warranted than...

Source-derived case information.

Parties
Applicant: Damien Selwyn Graham Pritchard; Respondent: Rex (Crown)
Jurisdiction
Australia
Judgment Date
27 November 2024
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appellate Decision
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Appeals Against Sentence, Assault Offences in Custody, Sentencing Principles, Totality, Manifest Excess
Criminal Law Appeals Against Sentence Assault Offences in Custody Sentencing Principles Totality Manifest Excess

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Parties

Damien Selwyn Graham Pritchard

Applicant

Rex (Crown)

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appellate Decision

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to provide reasons for imposing a fixed term of imprisonment
  2. 2 Whether the sentencing judge erred in her approach to the length of the sentence by failing to consider principles of totality
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The sentencing judge erred in failing to provide reasons for declining to set a non-parole period, but this error did not warrant a lesser sentence. Considering the objective seriousness of the offence, subjective circumstances, and the sentencing structure, the Court found that no lesser sentence was warranted than the 18-month fixed term imposed. Leave to appeal was granted, but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal against sentence granted.
  • Appeal dismissed; sentence confirmed.