Whiley v R [2014] NSWCCA 164

Whiley v R [2014] NSWCCA 164

The sentences for charge one and three were manifestly excessive as the vehicles were returned shortly after being taken and undamaged, reducing the objective seriousness. The appropriate sentence for each is 12 months with a non-parole period of 9 months. However, as the overall sentence remains unchanged due to...

Source-derived case information.

Parties
Applicant: Grant Neville Whiley; Respondent: Regina
Jurisdiction
Australia
Judgment Date
20 August 2014
Procedural Posture
Sentence Appeal / Decision on Appeal Against Sentence
Outcome
Allowed in part
Legal Topics
Sentence Appeal, Manifest Excess, Sentencing Discount, Rehabilitation, Child Pornography, Dishonestly Obtaining Property by Deception, Failure to Comply With Reporting Conditions
Criminal Law Sentence Appeal Manifest Excess Sentencing Discount Rehabilitation Child Pornography Dishonestly Obtaining Property by Deception Failure to Comply With Reporting Conditions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Grant Neville Whiley

Applicant

Regina

Respondent

Procedural Posture

Sentence Appeal / Decision on Appeal Against Sentence

Legal Issues

  1. 1 Whether sentences for counts 1 and 3 of obtaining property by deception were manifestly excessive
  2. 2 Whether the primary judge erred in failing to apply a discount under s 23(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW)
  3. 3 Whether the primary judge erred concerning the applicant’s attempts at rehabilitation

Ratio Decidendi

The sentences for charge one and three were manifestly excessive as the vehicles were returned shortly after being taken and undamaged, reducing the objective seriousness. The appropriate sentence for each is 12 months with a non-parole period of 9 months. However, as the overall sentence remains unchanged due to sentence accumulation, appeals as to these sentences are allowed only to reflect proper sentencing for the individual counts.

Court Disposition

Allowed in part

Orders

  • Time to appeal extended.
  • Grant leave to appeal against sentence.