R v Sternbeck [2000] NSWCCA 374
Leave was granted and the appeal allowed because the original sentence for larceny, considering the operation of the totality and parity principles and the circumstances of the offences, engendered a sense of injustice compared to the co-offender's sentence. The Court substituted a new sentence with a term of two years four months and a non-parole period of ten months.
- Jurisdiction
- Australia
- Judgment Date
- 11 August 2000
- Procedural Posture
- Sentence Appeal / Judgment on Appeal
- Outcome
- Appeal allowed; sentence varied
- Legal Topics
- ['sentence Appeal' 'break, Enter and Steal' 'larceny' 'principle of Totality' 'principle of Parity']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Sentence Appeal / Judgment on Appeal
Legal Issues
- 1 ['Whether the total sentence was manifestly excessive' 'Whether the sentence for larceny was manifestly excessive' 'Whether the sentences infringed the parity principles']
Ratio Decidendi
Leave was granted and the appeal allowed because the original sentence for larceny, considering the operation of the totality and parity principles and the circumstances of the offences, engendered a sense of injustice compared to the co-offender's sentence. The Court substituted a new sentence with a term of two years four months and a non-parole period of ten months.
Court Disposition
Appeal allowed; sentence varied
Orders
- ['Leave granted to appeal against sentence.' 'Appeal allowed.' 'Original minimum term of one year six months substituted with a term of imprisonment of two years four months, with a non-parole period of ten months, commencing 19 October 2000.']
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