Lonsdale v R [2020] NSWCCA 267

Lonsdale v R [2020] NSWCCA 267

The sentencing judge did not err in refusing to find special circumstances because he was not satisfied that an additional period on parole would promote the applicant's rehabilitation, given the applicant's past failures to use community-based opportunities, and he did not structure the sentence on an expectation of custody-based rehabilitation. The sentencing judge was plainly mindful of totality and intended the modest accumulation that produced an effective non-parole ratio of about 76.4 per cent. The difference between the applicant's sentence and Cadiogan's sentence was slight and justified by the offenders' subjective circumstances, including Cadiogan's deprived background; the...

Jurisdiction
Australia
Judgment Date
19 October 2020
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['attempt Specially Aggravated Break and Enter' 'special Circumstances' 'non Parole Period' 'parity Principle' 'totality' 'first Custodial Sentence']
['criminal Law' 'sentencing'] ['attempt Specially Aggravated Break and Enter' 'special Circumstances' 'non Parole Period' 'parity Principle' 'totality' 'first Custodial Sentence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in refusing to make a finding of special circumstances.' "Whether the sentencing judge erred in the assessment of the applicant's prior criminal record and background, including that this was his first custodial sentence." 'Whether the applicant had a legitimate sense of grievance by reason of the sentence imposed on his co-offenders.']

Ratio Decidendi

The sentencing judge did not err in refusing to find special circumstances because he was not satisfied that an additional period on parole would promote the applicant's rehabilitation, given the applicant's past failures to use community-based opportunities, and he did not structure the sentence on an expectation of custody-based rehabilitation. The sentencing judge was plainly mindful of totality and intended the modest accumulation that produced an effective non-parole ratio of about 76.4 per cent. The difference between the applicant's sentence and Cadiogan's sentence was slight and justified by the offenders' subjective circumstances, including Cadiogan's deprived background; the...

Court Disposition

Leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['Leave to appeal against sentence is granted.' 'The appeal against sentence is dismissed.']