Regina v Whaites [2001] NSWCCA 426

Regina v Whaites [2001] NSWCCA 426

The original sentence was excessive given the accumulated effect of multiple sentences served in different states and insufficient consideration of the plea of guilty; a proper application of totality and appropriate discount for the plea required the sentence to be reduced.

Parties
Respondent: Regina; Applicant: Gary Wayne Whaites
Jurisdiction
Australia
Judgment Date
17 October 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
appeal allowed; re-sentenced
Legal Topics
Sentencing, Delay, Interstate Sentences, Totality, Offensive Weapon Offence, Plea of Guilty
Criminal Law Sentencing Delay Interstate Sentences Totality Offensive Weapon Offence Plea of Guilty

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Parties

Regina

Respondent

Gary Wayne Whaites

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentencing judge erred in not adequately considering the plea of guilty in sentencing.
  2. 2 Whether the sentencing judge properly applied the principle of totality given the delay and existence of interstate sentences.

Ratio Decidendi

The original sentence was excessive given the accumulated effect of multiple sentences served in different states and insufficient consideration of the plea of guilty; a proper application of totality and appropriate discount for the plea required the sentence to be reduced.

Court Disposition

appeal allowed; re-sentenced

Orders

  • Application for leave to appeal granted.
  • Appeal allowed.