R v Pitt [2001] NSWCCA 156

R v Pitt [2001] NSWCCA 156

Although the six year sentence for malicious damage by fire, considered alone after allowing for the plea and contrition, was outside the range, the later sentences for serious outstanding offences were wholly subsumed within the sentence imposed by Bell DCJ, and the applicant had committed the s 195 offences while on bail. Taking the combined sentencing orders, totality of criminality and aggravating circumstance of bail into account, reducing the sentence would produce a manifestly inadequate sentencing order. Leave was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
14 May 2001
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['malicious Damage by Fire' 'malicious Damage' 'manifestly Excessive Sentence' 'guilty Plea Discount' 'aboriginality and Sentencing' 'totality Principle' 'offending While on Bail']
['criminal Law' 'sentencing' 'criminal Appeals'] ['malicious Damage by Fire' 'malicious Damage' 'manifestly Excessive Sentence' 'guilty Plea Discount' 'aboriginality and Sentencing' 'totality Principle' 'offending While on Bail']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give sufficient weight to the applicant's background." "Whether the sentencing judge failed to give sufficient weight to the applicant's plea of guilty." 'Whether the sentence was outside the appropriate range and manifestly excessive.' 'Whether the later sentences for outstanding offences and the totality principle affected whether the Court should intervene.']

Ratio Decidendi

Although the six year sentence for malicious damage by fire, considered alone after allowing for the plea and contrition, was outside the range, the later sentences for serious outstanding offences were wholly subsumed within the sentence imposed by Bell DCJ, and the applicant had committed the s 195 offences while on bail. Taking the combined sentencing orders, totality of criminality and aggravating circumstance of bail into account, reducing the sentence would produce a manifestly inadequate sentencing order. Leave was granted but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']