R v ATTIE [2000] NSWCCA 70

R v ATTIE [2000] NSWCCA 70

The applicant's circumstances were so far out of the ordinary, and his criminality in escaping was so significantly mitigated by the circumstances that drove him to do so, that the general need for deterrence had to give way to society's need for his rehabilitation; in this exceptional case, a sentence of full-time custody fell outside the proper range of sentencing discretion.

Jurisdiction
Australia
Judgment Date
17 March 2000
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal allowed; sentence quashed; sentence deferred on recognisance.
Legal Topics
['escape From Lawful Custody' 'leave to Appeal Against Sentence' 'mitigating Circumstances' 'deterrence and Rehabilitation' 'deferred Sentence and Recognisance']
['criminal Law' 'sentencing' 'corrections Law'] ['escape From Lawful Custody' 'leave to Appeal Against Sentence' 'mitigating Circumstances' 'deterrence and Rehabilitation' 'deferred Sentence and Recognisance']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave to appeal against the sentence imposed for escaping from lawful custody should be granted.' "Whether the sentence of full-time custody was outside the proper range of sentencing discretion in light of the applicant's exceptional circumstances." "Whether general deterrence for escapes from minimum security institutions should give way to the applicant's rehabilitation."]

Ratio Decidendi

The applicant's circumstances were so far out of the ordinary, and his criminality in escaping was so significantly mitigated by the circumstances that drove him to do so, that the general need for deterrence had to give way to society's need for his rehabilitation; in this exceptional case, a sentence of full-time custody fell outside the proper range of sentencing discretion.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed; sentence deferred on recognisance.

Orders

  • ['Leave to appeal be granted.' 'The appeal be allowed.' 'The sentence be quashed.' "Sentence be deferred under the provisions of s 558 Crimes Act upon the applicant's entering into a recognisance without security in the sum of $1,000 to be of good behaviour for three years and to come up for sentence if called upon...