Harris v R [2013] NSWCCA 296

Harris v R [2013] NSWCCA 296

Errors were established in the sentencing judge's treatment of standard non-parole periods for counts 1 and 2, and in the starting point exceeding the maximum penalty for count 1; these errors warranted the quashing of the original sentences and re-sentencing on all counts, with adjustments to the non-parole periods and additional sentences reflecting the totality of offending.

Parties
Applicant: Gustafoham Harris; Respondent: Regina
Jurisdiction
Australia
Judgment Date
26 November 2013
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Post Sentence Appeal
Outcome
Appeal allowed; application for extension of time and leave to appeal granted; sentences quashed and applicant re-sentenced.
Legal Topics
Appeal Against Sentence, Sentencing Principles, Standard Non Parole Period, Extension of Time, Re Sentencing
Criminal Law Appeal Against Sentence Sentencing Principles Standard Non Parole Period Extension of Time Re Sentencing

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Parties

Gustafoham Harris

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Post Sentence Appeal

Legal Issues

  1. 1 Whether there was error in the sentencing judge's application of standard non-parole periods as per Muldrock v R
  2. 2 Whether sentencing judge cited incorrect standard non-parole period for count 2
  3. 3 Whether starting point for sentence imposed exceeded maximum penalty

Ratio Decidendi

Errors were established in the sentencing judge's treatment of standard non-parole periods for counts 1 and 2, and in the starting point exceeding the maximum penalty for count 1; these errors warranted the quashing of the original sentences and re-sentencing on all counts, with adjustments to the non-parole periods and additional sentences reflecting the totality of offending.

Court Disposition

Appeal allowed; application for extension of time and leave to appeal granted; sentences quashed and applicant re-sentenced.

Orders

  • Extension of time in which to seek leave to appeal against sentence is granted.
  • Leave to appeal against sentence is granted.