Thompson-Davis v R [2013] NSWCCA 75

Thompson-Davis v R [2013] NSWCCA 75

The sentencing judge erred by taking into account an irrelevant consideration (intended expiration date affected by an earlier legal error), resulting in manifest excess; proper sentencing must follow statutory and common law principles, particularly regarding cumulation, concurrence, and totality; a lesser sentence is warranted and the Court should re-sentence rather than remit.

Parties
Applicant: Hector Anthony James Thompson-Davis; Respondent: Crown
Jurisdiction
Australia
Judgment Date
11 April 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed; sentence quashed; applicant re-sentenced
Legal Topics
Sentencing, Manifestly Excessive Sentences, Sentencing Process, Accumulation and Concurrency, Totality Principle, Application for Leave to Appeal
Criminal Law Sentencing Manifestly Excessive Sentences Sentencing Process Accumulation and Concurrency Totality Principle Application for Leave to Appeal

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 5 Authorities cited 20 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Hector Anthony James Thompson-Davis

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by taking into account an irrelevant consideration
  2. 2 Whether the sentence imposed was manifestly excessive
  3. 3 Whether the sentencing judge inverted the sentencing process required by Pearce v The Queen

Ratio Decidendi

The sentencing judge erred by taking into account an irrelevant consideration (intended expiration date affected by an earlier legal error), resulting in manifest excess; proper sentencing must follow statutory and common law principles, particularly regarding cumulation, concurrence, and totality; a lesser sentence is warranted and the Court should re-sentence rather than remit.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed; applicant re-sentenced

Orders

  • Grant leave to appeal
  • Allow the appeal