R v Stokes [2001] NSWCCA 82

R v Stokes [2001] NSWCCA 82

The sentence involved error because the additional one day was artificially imposed to avoid the automatic operation of the parole release provision, and the total term was also manifestly excessive in light of the offence and the applicant's circumstances. Properly re-sentenced, special circumstances justified a two-year total term with an eight-month non-parole period and release on parole at the end of that period.

Jurisdiction
Australia
Judgment Date
01 March 2001
Procedural Posture
Criminal Law Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Sentencing Appeal From the District Court
Outcome
Leave to appeal granted; appeal allowed; sentence imposed quashed; applicant re-sentenced to a total term of imprisonment for two years with a non-parole period of eight months and release at the end of the non-parole period.
Legal Topics
['escaping From Lawful Custody' 'appeal Against Sentence' 'manifest Excess' 'special Circumstances' 'non Parole Period' 'parole Release']
['criminal Law' 'sentencing'] ['escaping From Lawful Custody' 'appeal Against Sentence' 'manifest Excess' 'special Circumstances' 'non Parole Period' 'parole Release']

Case Brief

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Procedural Posture

Criminal Law Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Sentencing Appeal From the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge erred by adding one day to a three-year sentence so that the Parole Board, rather than the Court's parole order provision, would determine release." 'Whether the sentence of three years and one day with a non-parole period of one year was manifestly excessive.' 'Whether special circumstances justified a non-parole period shorter than the statutory ratio on re-sentence.']

Ratio Decidendi

The sentence involved error because the additional one day was artificially imposed to avoid the automatic operation of the parole release provision, and the total term was also manifestly excessive in light of the offence and the applicant's circumstances. Properly re-sentenced, special circumstances justified a two-year total term with an eight-month non-parole period and release on parole at the end of that period.

Court Disposition

Leave to appeal granted; appeal allowed; sentence imposed quashed; applicant re-sentenced to a total term of imprisonment for two years with a non-parole period of eight months and release at the end of the non-parole period.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Sentence imposed quashed.' 'This Court sentences the applicant to a total term of imprisonment for a period of two years with a non-parole period of eight months.' 'The applicant be released at the end of the non-parole period.']