English v R [2008] NSWCCA 134

English v R [2008] NSWCCA 134

The sentence was manifestly excessive because, despite the applicant's serious criminal record, parole status and need for personal deterrence, a sentence of 2 years and 8 months after a plea discount exceeded the outer boundary of a proportionate sentence having regard to the relatively low objective gravity of the intimidation offence. The benefit obtained by backdating the sentence did not justify refusing appellate intervention.

Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentence Imposed in the District Court
Outcome
Leave to appeal granted, appeal allowed, District Court sentence quashed and applicant resentenced.
Legal Topics
['intimidation With Intent to Cause Fear of Physical Harm' 'manifestly Excessive Sentence' 'criminal History' 'parole' 'non Parole Period']
['criminal Law' 'sentencing'] ['intimidation With Intent to Cause Fear of Physical Harm' 'manifestly Excessive Sentence' 'criminal History' 'parole' 'non Parole Period']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentence of 2 years and 8 months for intimidation with intent to cause fear of physical harm was manifestly excessive.' "Whether the applicant's criminal history and commission of the offence while on parole justified the severity of the sentence imposed." 'Whether the backdating of the sentence to the date of arrest should prevent appellate intervention.']

Ratio Decidendi

The sentence was manifestly excessive because, despite the applicant's serious criminal record, parole status and need for personal deterrence, a sentence of 2 years and 8 months after a plea discount exceeded the outer boundary of a proportionate sentence having regard to the relatively low objective gravity of the intimidation offence. The benefit obtained by backdating the sentence did not justify refusing appellate intervention.

Court Disposition

Leave to appeal granted, appeal allowed, District Court sentence quashed and applicant resentenced.

Orders

  • ['Sentence in the District Court quashed.' 'In lieu, the applicant is sentenced to a non-parole period of 1 year and 8 months, commencing on 30 October 2006 and expiring on 29 June 2008.' 'The applicant is sentenced to a balance of term of 6 months, commencing on 30 June 2008 and expiring on 29 December 2008.' 'The...