Howard v R (No 2) [2015] NSWDC 318

Howard v R (No 2) [2015] NSWDC 318

Because Mr Howard had served further time in custody, had an available place at Benelong's Haven Rehabilitation Centre, appeared motivated to address his alcohol and drug issues, and would benefit from supervision, the appeals against sentence were allowed, the Magistrate's sentences were set aside, an aggregate sentence of 18 months with a non-parole period expiring on 28 October 2015 was imposed, and Mr Howard was released on conditional parole to attend the rehabilitation centre.

Jurisdiction
Australia
Judgment Date
28 October 2015
Procedural Posture
Criminal Appeal Against Sentence / Final Orders Following Adjourned Appeal Proceedings
Outcome
Appeals against sentence allowed; Magistrate's sentences set aside; aggregate sentence imposed; appellant released on conditional parole on 28 October 2015.
Legal Topics
['appeal Against Sentence' 'larceny' 'drug Possession' 'aggregate Sentence' 'non Parole Period' 'parole' 'residential Rehabilitation']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'larceny' 'drug Possession' 'aggregate Sentence' 'non Parole Period' 'parole' 'residential Rehabilitation']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Final Orders Following Adjourned Appeal Proceedings

Legal Issues

  1. 1 ["Whether the appeals against sentence should be allowed and the Magistrate's sentences set aside." 'Whether an aggregate sentence should be imposed for the outstanding appeals.' 'Whether Mr Howard should be released on parole to attend a residential rehabilitation centre.']

Ratio Decidendi

Because Mr Howard had served further time in custody, had an available place at Benelong's Haven Rehabilitation Centre, appeared motivated to address his alcohol and drug issues, and would benefit from supervision, the appeals against sentence were allowed, the Magistrate's sentences were set aside, an aggregate sentence of 18 months with a non-parole period expiring on 28 October 2015 was imposed, and Mr Howard was released on conditional parole to attend the rehabilitation centre.

Court Disposition

Appeals against sentence allowed; Magistrate's sentences set aside; aggregate sentence imposed; appellant released on conditional parole on 28 October 2015.

Orders

  • ['Under s 20(2) of the Crimes (Appeal and Review) Act 2001, the appeals against sentence were determined by setting aside the sentences imposed by the Magistrate.' 'An aggregate sentence of 18 months was imposed, commencing on 20 January 2015 and expiring on 18 July 2016.' 'A non-parole period of nine months and...