EF v R [2015] NSWCCA 36

EF v R [2015] NSWCCA 36

The sentencing judge erred by failing to consider the availability and suitability of an intensive correction order, as required by s 5(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), and the sentence imposed was thereby unreasonable and plainly unjust. The court allowed the appeal, resentenced EF to a suspended term of imprisonment with release on a good behaviour bond for the sentence duration.

Parties
Applicant: EF; Crown: Regina
Jurisdiction
Australia
Judgment Date
20 March 2015
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Appeal and Resentencing
Outcome
Appeal allowed, leave to appeal against sentence granted, applicant resentenced.
Legal Topics
Manifestly Excessive Sentence, Intensive Correction Order, Sentencing Discretion, Special Circumstances, Resentencing, Good Behaviour Bond
Criminal Law Manifestly Excessive Sentence Intensive Correction Order Sentencing Discretion Special Circumstances Resentencing Good Behaviour Bond

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Parties

EF

Applicant

Regina

Crown

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Appeal and Resentencing

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge failed to consider alternative sentencing options such as an intensive correction order
  3. 3 Whether exceptional circumstances existed warranting non-custodial sentence

Ratio Decidendi

The sentencing judge erred by failing to consider the availability and suitability of an intensive correction order, as required by s 5(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), and the sentence imposed was thereby unreasonable and plainly unjust. The court allowed the appeal, resentenced EF to a suspended term of imprisonment with release on a good behaviour bond for the sentence duration.

Court Disposition

Appeal allowed, leave to appeal against sentence granted, applicant resentenced.

Orders

  • Allow leave to appeal against sentence
  • Allow the appeal