Howard v R [2015] NSWDC 317

Howard v R [2015] NSWDC 317

Because the appellant had an extensive criminal history and posed a risk to the community, he should not simply be released early on the basis of his stated desire to change. However, a confirmed placement in a residential rehabilitation facility would amount to special circumstances justifying a reduced non-parole period, so final disposition of the appeals was adjourned pending confirmation of a bed, while leave was granted to withdraw the appeals concerning expired sentences on counts 3, 4, 5, 6 and 7.

Jurisdiction
Australia
Judgment Date
04 June 2015
Procedural Posture
Criminal Appeal Against Sentence / Appeal From Sentences Imposed in the Local Court; Leave Granted to Withdraw Appeals in Respect of Counts 3, 4, 5, 6 and 7; Remaining Matter Adjourned
Outcome
Leave granted to withdraw appeals in respect of counts 3, 4, 5, 6 and 7 listed on exhibit A; matter adjourned; no final orders made disposing of the remaining appeals.
Legal Topics
['appeal Against Sentence' 'theft Offences' 'drug Possession' 'non Parole Period' 'special Circumstances' 'rehabilitation' 'general Deterrence' 'protection of the Community']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'theft Offences' 'drug Possession' 'non Parole Period' 'special Circumstances' 'rehabilitation' 'general Deterrence' 'protection of the Community']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Appeal From Sentences Imposed in the Local Court; Leave Granted to Withdraw Appeals in Respect of Counts 3, 4, 5, 6 and 7; Remaining Matter Adjourned

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to withdraw appeals in respect of counts 3, 4, 5, 6 and 7.' 'Whether special circumstances justified altering the ratio between the head sentence and the non-parole period to allow the appellant more time on parole for rehabilitation.' 'Whether the appellant should be released earlier only if accepted into a full time residential rehabilitation facility.']

Ratio Decidendi

Because the appellant had an extensive criminal history and posed a risk to the community, he should not simply be released early on the basis of his stated desire to change. However, a confirmed placement in a residential rehabilitation facility would amount to special circumstances justifying a reduced non-parole period, so final disposition of the appeals was adjourned pending confirmation of a bed, while leave was granted to withdraw the appeals concerning expired sentences on counts 3, 4, 5, 6 and 7.

Court Disposition

Leave granted to withdraw appeals in respect of counts 3, 4, 5, 6 and 7 listed on exhibit A; matter adjourned; no final orders made disposing of the remaining appeals.

Orders

  • ['Leave granted to the appellant to withdraw his appeals in respect of counts 3, 4, 5, 6 and 7 listed on exhibit A.' 'Matter adjourned.']