FLICK v R [2012] NSWCCA 170

FLICK v R [2012] NSWCCA 170

The sentencing judge imposed manifestly excessive accumulation between the two aggravated break and enter sentences, failing to give adequate recognition to their close temporal and contextual connection, thus resulting in a combined sentence that overstated total criminality. The form and weight of the additional Form 1 offences did not justify further penalty. The sentences were restructured to allow greater concurrency, reflect special circumstances, and comply with the principle of totality.

Jurisdiction
Australia
Judgment Date
17 August 2012
Procedural Posture
Criminal Appeal / Appeal From Sentence in District Court
Outcome
Appeal allowed; leave to appeal granted; sentence varied
Legal Topics
['sentencing' 'appeals' 'accumulation and Totality of Sentences' 'effect of Additional Offences (form 1)' 'objective and Subjective Factors in Sentencing' 'parole Eligibility']
['criminal Law'] ['sentencing' 'appeals' 'accumulation and Totality of Sentences' 'effect of Additional Offences (form 1)' 'objective and Subjective Factors in Sentencing' 'parole Eligibility']

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Procedural Posture

Criminal Appeal / Appeal From Sentence in District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in approach to the effect of Form 1 offences on the principal offence sentence' 'Whether there was manifest error or excess in cumulation and totality of sentences imposed for two similar offences committed close in time' 'Appropriate structuring of sentences for two aggravated break and enter offences when previous sentences are being served']

Ratio Decidendi

The sentencing judge imposed manifestly excessive accumulation between the two aggravated break and enter sentences, failing to give adequate recognition to their close temporal and contextual connection, thus resulting in a combined sentence that overstated total criminality. The form and weight of the additional Form 1 offences did not justify further penalty. The sentences were restructured to allow greater concurrency, reflect special circumstances, and comply with the principle of totality.

Court Disposition

Appeal allowed; leave to appeal granted; sentence varied

Orders

  • ['Leave to appeal granted' 'Appeal allowed' 'The sentence imposed by Woods ADCJ on 17 December 2010 is quashed' "On the first count of aggravated break, enter and commit serious indictable offence (9 or 10 June 2010), applicant is sentenced to a non-parole period of 2 years' imprisonment (15 December 2010 to 14...