Parkes v R [2013] NSWCCA 167

Parkes v R [2013] NSWCCA 167

The sentencing judge failed to give effect to the finding of special circumstances by only making a minor adjustment to the statutory ratio between the non-parole period and total sentence, apparently due to a mathematical error, warranting appellate intervention and re-sentencing.

Jurisdiction
Australia
Judgment Date
18 July 2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal upheld; sentence for sale of prohibited firearm on 2 September 2010 quashed and replaced; all other sentences confirmed.
Legal Topics
['firearms Offences' 'recklessly Causing Grievous Bodily Harm' 'special Circumstances in Sentencing']
['criminal Law'] ['firearms Offences' 'recklessly Causing Grievous Bodily Harm' 'special Circumstances in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in not giving effect to a finding of special circumstances when imposing the non-parole period.']

Ratio Decidendi

The sentencing judge failed to give effect to the finding of special circumstances by only making a minor adjustment to the statutory ratio between the non-parole period and total sentence, apparently due to a mathematical error, warranting appellate intervention and re-sentencing.

Court Disposition

Appeal upheld; sentence for sale of prohibited firearm on 2 September 2010 quashed and replaced; all other sentences confirmed.

Orders

  • ['Appeal upheld.' 'Sentence imposed by Syme DCJ for the sale of the prohibited firearm on 2 September 2010 (CAN H42510466/004) is quashed.' 'In lieu, the appellant is sentenced for that offence to imprisonment with a non-parole period of 4 years 6 months commencing on 13 April 2012 and expiring on 12 October 2016,...