R v Slater [2001] NSWCCA 65

R v Slater [2001] NSWCCA 65

The original sentencing discretion miscarried because the judge was misinformed about the time the applicant had spent in protective custody, a material fact; thus the appellate court set the original sentence aside and exercised its own sentencing discretion, considering all factors including additional evidence relating to rehabilitation and family support.

Parties
Respondent: Regina; Appellant: Darren Alan Slater
Jurisdiction
Australia
Judgment Date
07 March 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed. Sentence set aside. New sentence imposed.
Legal Topics
Murder, Sentencing, Appeal Against Severity, Protective Custody, Youthful Offenders
Criminal Law Murder Sentencing Appeal Against Severity Protective Custody Youthful Offenders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 19 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Respondent

Darren Alan Slater

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence was manifestly excessive
  2. 2 Effect of applicant's time in protective custody on sentencing
  3. 3 Proper use of victim impact statement in sentencing

Ratio Decidendi

The original sentencing discretion miscarried because the judge was misinformed about the time the applicant had spent in protective custody, a material fact; thus the appellate court set the original sentence aside and exercised its own sentencing discretion, considering all factors including additional evidence relating to rehabilitation and family support.

Court Disposition

Appeal allowed. Sentence set aside. New sentence imposed.

Orders

  • Leave to appeal is granted.
  • Appeal is upheld.