R v Thompson [2001] NSWCCA 278

R v Thompson [2001] NSWCCA 278

The sentences imposed were manifestly excessive in total when applying the principle of totality, considering the applicant's admissions, early guilty pleas, telling the police of offences unknown to them, his background, the gravity of offences, and the permissible sentencing ranges. The sentence for armed robbery should be reduced to 8 years with a non-parole period of 5 years, cumulative on the sentences for break, enter and steal.

Jurisdiction
Australia
Judgment Date
19 July 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal partly allowed; re-sentencing
Legal Topics
['sentencing' 'principle of Totality' 'armed Robbery' 'break Enter and Steal' 'discount for Guilty Plea' 'rehabilitation']
['criminal Law'] ['sentencing' 'principle of Totality' 'armed Robbery' 'break Enter and Steal' 'discount for Guilty Plea' 'rehabilitation']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Were the sentences imposed manifestly excessive?' 'Did the sentencing judge correctly apply the principle of totality?' 'What is the appropriate sentence for the offences, particularly armed robbery, in the circumstances?']

Ratio Decidendi

The sentences imposed were manifestly excessive in total when applying the principle of totality, considering the applicant's admissions, early guilty pleas, telling the police of offences unknown to them, his background, the gravity of offences, and the permissible sentencing ranges. The sentence for armed robbery should be reduced to 8 years with a non-parole period of 5 years, cumulative on the sentences for break, enter and steal.

Court Disposition

appeal partly allowed; re-sentencing

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed against sentences of fixed terms of imprisonment of 2 years for each break, enter and steal offence, commencing on 8 February 2000 and expiring on 7 February 2002.' 'Appeal allowed against the 10 year sentence for armed robbery; sentence quashed.' 'Applicant sentenced to...