R v Marinos [2003] NSWCCA 136

R v Marinos [2003] NSWCCA 136

Although the sentencing judge may have somewhat overstated the position by omitting the qualifying expression 'virtually' when describing the seriousness of robbery offences, the bag snatching robbery in this case was of considerable gravity and called for full-time custody. Error was not shown in the head sentence, but the non-parole period was somewhat excessive having regard to the applicant's youth, efforts to overcome drug addiction, and continued rehabilitation in custody, warranting reduction of the non-parole period to encourage rehabilitation.

Jurisdiction
Australia
Judgment Date
30 April 2003
Procedural Posture
Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal granted; non-parole period reduced; otherwise appeal dismissed.
Legal Topics
['robbery' 'bag Snatching' 'manifest Excess' 'non Parole Period' 'rehabilitation' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'sentencing'] ['robbery' 'bag Snatching' 'manifest Excess' 'non Parole Period' 'rehabilitation' 'general Deterrence' 'specific Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by overstating the seriousness of robbery by bag snatching and the circumstances in which a custodial sentence is required.' 'Whether the sentence of two years and three months with a non-parole period of fifteen months was manifestly excessive.' "Whether the applicant's age and rehabilitation efforts justified reduction of the non-parole period."]

Ratio Decidendi

Although the sentencing judge may have somewhat overstated the position by omitting the qualifying expression 'virtually' when describing the seriousness of robbery offences, the bag snatching robbery in this case was of considerable gravity and called for full-time custody. Error was not shown in the head sentence, but the non-parole period was somewhat excessive having regard to the applicant's youth, efforts to overcome drug addiction, and continued rehabilitation in custody, warranting reduction of the non-parole period to encourage rehabilitation.

Court Disposition

Application for leave to appeal granted; non-parole period reduced; otherwise appeal dismissed.

Orders

  • ['The application for leave be granted.' 'The non-parole period be reduced to nine months to commence on 30 August 2002 and to expire on 29 May 2003, upon which date he is to be released on parole.' 'Otherwise the appeal be dismissed.']