Regina v Mansour (No 1) [2005] NSWCCA 173

Regina v Mansour (No 1) [2005] NSWCCA 173

The only demonstrated sentencing error was the failure to implement the sentencing judge's stated 25 percent discount for the applicant's early pleas of guilty. The other grounds did not establish error: the applicant's record and offending while on conditional liberty justified denying leniency and treating aggravation as present; the assault police offences and the breaking, entering and stealing were separate manifestations of criminal conduct; reliance on the Facts Sheet involved no material contradiction; and the assault police sentences were not manifestly excessive. The Court extended time, granted leave, allowed the appeal in part, quashed the breaking, entering and stealing...

Jurisdiction
Australia
Judgment Date
02 May 2005
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / New South Wales Court of Criminal Appeal From Sentences Imposed in the District Court
Outcome
Appeal allowed in part; applicant resentenced.
Legal Topics
['guilty Plea Discount' 'severity of Sentence' 'accumulation and Concurrency of Sentences' 'conditional Liberty as Aggravation' 'facts on Sentence' 'special Circumstances' 'assaulting Police With Intent to Avoid Lawful Apprehension' 'breaking, Entering and Stealing' 'possessing Housebreaking Implements']
['criminal Law and Procedure' 'sentencing'] ['guilty Plea Discount' 'severity of Sentence' 'accumulation and Concurrency of Sentences' 'conditional Liberty as Aggravation' 'facts on Sentence' 'special Circumstances' 'assaulting Police With Intent to Avoid Lawful Apprehension' 'breaking, Entering and Stealing' 'possessing Housebreaking Implements']

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence / New South Wales Court of Criminal Appeal From Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether the aggregate sentence was too severe in light of the applicant's family support and prospects of rehabilitation." 'Whether the sentences for assaulting police and breaking, entering and stealing should have been ordered to be served concurrently.' "Whether the sentencing judge failed to implement the stated 25 percent discount for the applicant's early pleas of guilty." 'Whether undue weight was placed on the applicant being subject to a suspended sentence as a circumstance of aggravation.' "Whether insufficient weight was given to the applicant's responses to supervised release when finding special circumstances." 'Whether the sentencing judge erred by relying on a Facts Sheet said to contradict the police statements.' 'Whether the sentencing judge wrongly treated accumulation as mandatory.' 'Whether the sentences for assaulting police with intent to avoid lawful apprehension were manifestly excessive.']

Ratio Decidendi

The only demonstrated sentencing error was the failure to implement the sentencing judge's stated 25 percent discount for the applicant's early pleas of guilty. The other grounds did not establish error: the applicant's record and offending while on conditional liberty justified denying leniency and treating aggravation as present; the assault police offences and the breaking, entering and stealing were separate manifestations of criminal conduct; reliance on the Facts Sheet involved no material contradiction; and the assault police sentences were not manifestly excessive. The Court extended time, granted leave, allowed the appeal in part, quashed the breaking, entering and stealing...

Court Disposition

Appeal allowed in part; applicant resentenced.

Orders

  • ['Extension of time for lodging of appeal granted.' 'Leave to appeal against sentence granted and appeal allowed in part.' 'The sentence imposed on count 1 of the committal for sentence, the offence of breaking, entering and stealing committed on 16 October 2002, imposed in the District Court is quashed and in lieu...