R v Keen [2004] NSWCCA 86

R v Keen [2004] NSWCCA 86

The original sentences, especially the overall non-parole period, did not properly reflect the applicant’s rehabilitation, need for supervision, and special circumstances (including protective custody). This constituted error, warranting re-sentencing so as to extend parole and provide appropriate reduction for more onerous protective custody; sentences quashed and new sentences imposed.

Parties
Applicant: Dane Keen; Respondent: Crown
Jurisdiction
Australia
Judgment Date
15 April 2004
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Appeal Against Severity of Sentence
Outcome
leave to appeal granted; appeal allowed; sentences quashed; applicant re-sentenced
Legal Topics
Sentencing, Robbery in Company, Robbery Whilst Armed, Driving Conveyance Without Consent, Severity of Sentence, Pleas of Guilty, Gambling Addiction, Parity Principle, Concurrence, Totality, Special Circumstances, Protective Custody, Rehabilitation
Criminal Law Sentencing Robbery in Company Robbery Whilst Armed Driving Conveyance Without Consent Severity of Sentence Pleas of Guilty Gambling Addiction +6 more

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Parties

Dane Keen

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Appeal Against Severity of Sentence

Legal Issues

  1. 1 Whether the sentences are manifestly excessive
  2. 2 Whether principles of parity in sentencing require alteration of sentence
  3. 3 Whether sentences should have been served concurrently rather than cumulatively

Ratio Decidendi

The original sentences, especially the overall non-parole period, did not properly reflect the applicant’s rehabilitation, need for supervision, and special circumstances (including protective custody). This constituted error, warranting re-sentencing so as to extend parole and provide appropriate reduction for more onerous protective custody; sentences quashed and new sentences imposed.

Court Disposition

leave to appeal granted; appeal allowed; sentences quashed; applicant re-sentenced

Orders

  • leave to appeal granted
  • appeal allowed