R v Murray [2003] NSWCCA 209

R v Murray [2003] NSWCCA 209

The sentence imposed for the offence on the first count was manifestly excessive and did not sufficiently account for the applicant's subjective circumstances, including youth, aboriginality, and prospects for rehabilitation; the sentence was set aside and a shorter sentence imposed with special conditions for parole.

Jurisdiction
Australia
Judgment Date
23 July 2003
Procedural Posture
Criminal Appeal / Sentence Appeal; Judgment on Appeal
Outcome
Appeal allowed in respect of the sentence for the first count; sentence quashed; new sentence imposed.
Legal Topics
['judgment and Punishment' 'principle of Totality' 'manifestly Excessive Sentence' 'sentencing Aboriginal Offenders']
['criminal Law'] ['judgment and Punishment' 'principle of Totality' 'manifestly Excessive Sentence' 'sentencing Aboriginal Offenders']

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Sentence Appeal; Judgment on Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in applying the principle of totality and Pearce v The Queen' "Whether the sentencing judge failed to reflect relevant features of the applicant's background (including pursuant to R v Fernando)" 'Whether the sentences imposed were manifestly excessive']

Ratio Decidendi

The sentence imposed for the offence on the first count was manifestly excessive and did not sufficiently account for the applicant's subjective circumstances, including youth, aboriginality, and prospects for rehabilitation; the sentence was set aside and a shorter sentence imposed with special conditions for parole.

Court Disposition

Appeal allowed in respect of the sentence for the first count; sentence quashed; new sentence imposed.

Orders

  • ['The sentence for the offence on the first count is quashed.' 'In lieu, the applicant is sentenced to three years imprisonment to commence on 24 February 2004.' 'A non-parole period of 6 months to expire on 23 August 2004.' 'The applicant is to be released to parole on 23 August 2004.' 'A condition of parole is...