Griffiths v The Queen [1989] HCA 39

Griffiths v The Queen [1989] HCA 39

The Court of Criminal Appeal erred by failing to consider, in combination, the circumstances of the case—including the fact that only some of the offences were subject to s. 20A, the applicant's prospects for rehabilitation, youth, short-lived criminality, and other subjective factors—as possibly constituting exceptional circumstances justifying a non-parole period shorter than three-quarters of the head sentence under s. 21(3). The matter should be remitted for reconsideration of the sentence and non-parole period in light of all relevant circumstances.

Jurisdiction
Australia
Procedural Posture
Criminal / Special Leave to Appeal to the High Court of Australia From the Court of Criminal Appeal of New South Wales
Outcome
Special leave to appeal granted. Appeal allowed. Orders of Court of Criminal Appeal setting aside and quashing head sentence and non-parole period quashed. Matter remitted to Court of Criminal Appeal for redetermination in accordance with the High Court's judgment. Applicant to remain in custody pending further order.
Legal Topics
['sentencing' 'non Parole Period' 'probation and Parole Act 1983 (nsw)' 'appeals Against Sentence' 'totality Principle']
['criminal Law'] ['sentencing' 'non Parole Period' 'probation and Parole Act 1983 (nsw)' 'appeals Against Sentence' 'totality Principle']

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Procedural Posture

Criminal / Special Leave to Appeal to the High Court of Australia From the Court of Criminal Appeal of New South Wales

Legal Issues

  1. 1 ['Whether the Court of Criminal Appeal erred in refusing to reduce the non-parole period below three-quarters of the sentence as required by s. 20A of the Probation and Parole Act 1983 (NSW)' 'Proper construction and application of ss. 20A and 21(3) of the Probation and Parole Act 1983 (NSW) in cases involving multiple offences, some within and some outside the application of s. 20A' 'Application of the totality principle in sentencing for multiple offences']

Ratio Decidendi

The Court of Criminal Appeal erred by failing to consider, in combination, the circumstances of the case—including the fact that only some of the offences were subject to s. 20A, the applicant's prospects for rehabilitation, youth, short-lived criminality, and other subjective factors—as possibly constituting exceptional circumstances justifying a non-parole period shorter than three-quarters of the head sentence under s. 21(3). The matter should be remitted for reconsideration of the sentence and non-parole period in light of all relevant circumstances.

Court Disposition

Special leave to appeal granted. Appeal allowed. Orders of Court of Criminal Appeal setting aside and quashing head sentence and non-parole period quashed. Matter remitted to Court of Criminal Appeal for redetermination in accordance with the High Court's judgment. Applicant to remain in custody pending further order.

Orders

  • ['Application for special leave to appeal granted.' 'Appeal allowed.' 'Set aside the order of the Court of Criminal Appeal of New South Wales allowing the appeal to that Court and quashing the sentence imposed by the sentencing judge.' 'Quash the sentence imposed by the Court of Criminal Appeal of New South Wales.'...