REGINA v GREENHALGH [2001] NSWCCA 437

REGINA v GREENHALGH [2001] NSWCCA 437

The sentencing judge did not correctly apply the process required by s44 of the Crimes (Sentencing Procedure) Act 1999 by failing to apply the discount for plea of guilty to the total sentence; the sentence should be varied accordingly while confirming the non-parole period.

Jurisdiction
Australia
Judgment Date
02 October 2001
Procedural Posture
Criminal Appeal / Sentencing Appeal
Outcome
appeal allowed; sentence varied
Legal Topics
['sentencing' 'plea of Guilty' 'special Circumstances' 'non Parole Period']
['criminal Law'] ['sentencing' 'plea of Guilty' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Appeal / Sentencing Appeal

Legal Issues

  1. 1 ['Whether sentencing judge failed to approach sentencing task in manner required by s 44 of the Crimes (Sentencing Procedure) Act 1999' 'Whether non-parole period should be reduced']

Ratio Decidendi

The sentencing judge did not correctly apply the process required by s44 of the Crimes (Sentencing Procedure) Act 1999 by failing to apply the discount for plea of guilty to the total sentence; the sentence should be varied accordingly while confirming the non-parole period.

Court Disposition

appeal allowed; sentence varied

Orders

  • ['Sentence imposed by Adams J quashed' 'Applicant sentenced to six years and nine months imprisonment commencing 13 April 2000 and ending 12 January 2007' 'Non-parole period fixed by Adams J confirmed']