R v Wegener [1999] NSWCCA 405

R v Wegener [1999] NSWCCA 405

The sentence imposed by Judge Flannery did not comply with the requirements of section 5(1) of the Periodic Detention Of Prisoners Act as amended, as no fixed term or minimum/ additional term of imprisonment was specified before considering periodic detention. As such, the sentence was set aside and the matter remitted for re-sentencing in accordance with the amended Act.

Parties
Prosecutor: Regina; Applicant: Heinz George Wegener
Jurisdiction
Australia
Judgment Date
08 December 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Appellate Judgment
Outcome
Appeal allowed; leave to appeal against sentence granted
Legal Topics
Sentencing, Periodic Detention, Periodic Detention of Prisoners Amendment Act No 43 of 1998
Criminal Law Sentencing Periodic Detention Periodic Detention of Prisoners Amendment Act No 43 of 1998

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecutor

Heinz George Wegener

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence; Appellate Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to observe the two-stage sentencing process required by the amended Periodic Detention Of Prisoners Act
  2. 2 Whether sentence could be served by periodic detention without first fixing a term of imprisonment per legislative amendment

Ratio Decidendi

The sentence imposed by Judge Flannery did not comply with the requirements of section 5(1) of the Periodic Detention Of Prisoners Act as amended, as no fixed term or minimum/ additional term of imprisonment was specified before considering periodic detention. As such, the sentence was set aside and the matter remitted for re-sentencing in accordance with the amended Act.

Court Disposition

Appeal allowed; leave to appeal against sentence granted

Orders

  • Leave to appeal against sentence granted
  • Appeal allowed