Cramp v R [2016] NSWCCA 305

Cramp v R [2016] NSWCCA 305

The sentencing judge did not err in treating the absence of motive as relevant to dangerousness and the protection of the community; however, the sentence imposed was manifestly excessive given the objective and subjective features of the offence, which did not place it in the worst category, and a significantly lower sentence is appropriate.

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence varied.
Legal Topics
['murder' 'sentencing' 'appeal Against Sentence' 'dangerousness' 'motive' 'manifest Excess']
['criminal Law'] ['murder' 'sentencing' 'appeal Against Sentence' 'dangerousness' 'motive' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred by considering the applicant's dangerousness to be increased due to inability to identify motive for murder" 'Whether the sentence imposed was manifestly excessive or plainly unjust']

Ratio Decidendi

The sentencing judge did not err in treating the absence of motive as relevant to dangerousness and the protection of the community; however, the sentence imposed was manifestly excessive given the objective and subjective features of the offence, which did not place it in the worst category, and a significantly lower sentence is appropriate.

Court Disposition

Appeal allowed; sentence varied.

Orders

  • ['Leave to appeal is granted.' 'The sentence imposed on the applicant by M Adams J on 19 March 2015 is set aside.' 'For the murder of Lance Hargreaves on 21 February 2013 at St Marys, Gordon Reginald Cramp is sentenced to imprisonment for a non-parole period of 25 years and 6 months commencing on 2 March 2013 and...