STEVENS v REGINA [2008] NSWCCA 294

STEVENS v REGINA [2008] NSWCCA 294

The majority found no error in the sentencing judge's approach to the Form 1 matters and held that an effective non-parole period exceeding 75% of the aggregate sentence was permissible in these circumstances. Although the applicant was granted leave to appeal, the appeal was dismissed as the court was not satisfied that a lesser sentence was warranted.

Jurisdiction
Australia
Judgment Date
09 December 2008
Procedural Posture
Criminal Appeal / Decision on Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted. By majority, appeal dismissed.
Legal Topics
['supply Methylamphetamine' 'possess Prohibited Firearm' 'form 1 Offences' 'sentencing' 'non Parole Period' 'cumulative Sentences']
['criminal Law'] ['supply Methylamphetamine' 'possess Prohibited Firearm' 'form 1 Offences' 'sentencing' 'non Parole Period' 'cumulative Sentences']

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Procedural Posture

Criminal Appeal / Decision on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in taking into account Form 1 matters for sentencing the principal offence' 'Whether the proportion of the effective non-parole period to the aggregate sentence was unduly high']

Ratio Decidendi

The majority found no error in the sentencing judge's approach to the Form 1 matters and held that an effective non-parole period exceeding 75% of the aggregate sentence was permissible in these circumstances. Although the applicant was granted leave to appeal, the appeal was dismissed as the court was not satisfied that a lesser sentence was warranted.

Court Disposition

Leave to appeal granted. By majority, appeal dismissed.

Orders

  • []