R v Daniels [2001] NSWCCA 181

R v Daniels [2001] NSWCCA 181

Because the sentencing judge and counsel overlooked the statutory requirement to take into account the applicant's guilty plea to the s 33B offence and the timing of that plea, the sentence on the second count involved an error of law. Re-sentencing was required; despite the late plea's modest utilitarian value and the seriousness of using a motor vehicle to prevent lawful apprehension, a discount of about six months was allowed. Special circumstances justified a three-year non-parole period because the new sentence was cumulative on the robbery sentence.

Jurisdiction
Australia
Judgment Date
11 May 2001
Procedural Posture
Application for Leave to Appeal Against Sentence Severity in a Criminal Matter / Appeal From Sentences Imposed in the District Court; Re Sentencing on the Second Count
Outcome
Sentence on the first count confirmed. For the s 33B matter, leave to appeal granted, appeal allowed, and the applicant re-sentenced.
Legal Topics
['robbery' 'use Offensive Instrument to Prevent Lawful Apprehension' 'guilty Plea Discount' 'non Parole Period' 'special Circumstances' 'form 1 Offences']
['criminal Law' 'sentencing'] ['robbery' 'use Offensive Instrument to Prevent Lawful Apprehension' 'guilty Plea Discount' 'non Parole Period' 'special Circumstances' 'form 1 Offences']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence Severity in a Criminal Matter / Appeal From Sentences Imposed in the District Court; Re Sentencing on the Second Count

Legal Issues

  1. 1 ['Whether the sentencing judge erred by overlooking s 439 of the Crimes Act 1900 when sentencing the applicant on the count to which he pleaded guilty.' 'What discount should be allowed for a guilty plea entered on the second day of trial.' 'Whether special circumstances existed because the sentence for the s 33B offence was accumulated on the sentence for robbery.' 'What sentence should be imposed for using an offensive instrument to prevent lawful apprehension.']

Ratio Decidendi

Because the sentencing judge and counsel overlooked the statutory requirement to take into account the applicant's guilty plea to the s 33B offence and the timing of that plea, the sentence on the second count involved an error of law. Re-sentencing was required; despite the late plea's modest utilitarian value and the seriousness of using a motor vehicle to prevent lawful apprehension, a discount of about six months was allowed. Special circumstances justified a three-year non-parole period because the new sentence was cumulative on the robbery sentence.

Court Disposition

Sentence on the first count confirmed. For the s 33B matter, leave to appeal granted, appeal allowed, and the applicant re-sentenced.

Orders

  • ['The sentence in relation to the s 33B matter is quashed.' 'The applicant is sentenced on the s 33B matter to an overall period of imprisonment for five years, from 2 October 2002 to 1 October 2007.' 'A non-parole period of three years is fixed, from 2 October 2002 to 1 October 2005.' 'The sentence on the first...