FARRELL, Michael Anthony v R [2009] NSWCCA 77

FARRELL, Michael Anthony v R [2009] NSWCCA 77

The District Court sentences for the two armed robberies involved no complaint as to their individual appropriateness and were partly concurrent to reflect their similarity and close temporal connection. The earlier Local Court break enter and steal offence occurred about one month before the armed robberies, was unrelated, was not part of a single episode or short period of similar offending, and was not of a similar kind. It was therefore not inappropriate to make the armed robbery sentences consecutive with the Local Court sentence. The overall effect of the three sentences disclosed no identifiable error relating to totality or otherwise and was not excessive or manifestly excessive.

Jurisdiction
Australia
Judgment Date
25 March 2009
Procedural Posture
Criminal Law Appeal Against Sentence / Application for Leave to Appeal to the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['armed Robbery' 'totality Principle' 'consecutive Sentences' 'non Parole Period' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing'] ['armed Robbery' 'totality Principle' 'consecutive Sentences' 'non Parole Period' 'leave to Appeal Against Sentence']

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Procedural Posture

Criminal Law Appeal Against Sentence / Application for Leave to Appeal to the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge failed to have regard, or proper regard, to the principle of totality when imposing sentences for two armed robberies consecutively with a Local Court sentence for break enter and steal.' 'Whether the overall effect of the sentences disclosed identifiable error or was excessive or manifestly excessive.' 'Whether the sentencing structure conformed with s 44(2) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The District Court sentences for the two armed robberies involved no complaint as to their individual appropriateness and were partly concurrent to reflect their similarity and close temporal connection. The earlier Local Court break enter and steal offence occurred about one month before the armed robberies, was unrelated, was not part of a single episode or short period of similar offending, and was not of a similar kind. It was therefore not inappropriate to make the armed robbery sentences consecutive with the Local Court sentence. The overall effect of the three sentences disclosed no identifiable error relating to totality or otherwise and was not excessive or manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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