Regina v Friedemann [2000] NSWCCA 516

Regina v Friedemann [2000] NSWCCA 516

Because the sentencing judge imposed a fixed term of 12 months without giving the reasons required by s 6(3) of the Sentencing Act 1989, the sentence had to be set aside and the applicant resentenced de novo. Although escape from a Corrective Services institution is serious, the objective circumstances were far from the worst type of case and the applicant's medical condition and subjective circumstances were very persuasive, warranting a fixed term of six months.

Jurisdiction
Australia
Judgment Date
06 December 2000
Procedural Posture
Sentence Severity Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; sentence set aside; applicant resentenced to a fixed term of six months imprisonment.
Legal Topics
['escape Lawful Custody' 'severity Appeal' 'fixed Term Sentence' 'reasons for Sentence' 'medical Conditions in Sentencing']
['criminal Law' 'sentencing'] ['escape Lawful Custody' 'severity Appeal' 'fixed Term Sentence' 'reasons for Sentence' 'medical Conditions in Sentencing']

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Procedural Posture

Sentence Severity Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by imposing a fixed term of imprisonment without giving reasons as required by s 6(3) of the Sentencing Act 1989.' "What sentence should be imposed de novo for the applicant's escape from lawful custody, taking into account the seriousness of escape offences and the applicant's subjective circumstances."]

Ratio Decidendi

Because the sentencing judge imposed a fixed term of 12 months without giving the reasons required by s 6(3) of the Sentencing Act 1989, the sentence had to be set aside and the applicant resentenced de novo. Although escape from a Corrective Services institution is serious, the objective circumstances were far from the worst type of case and the applicant's medical condition and subjective circumstances were very persuasive, warranting a fixed term of six months.

Court Disposition

Leave to appeal granted; sentence set aside; applicant resentenced to a fixed term of six months imprisonment.

Orders

  • ['Grant leave to appeal.' 'Set aside the sentence imposed by Judge Puckeridge.' 'In lieu thereof impose a fixed term of six months imprisonment for the escape, commencing on 4 November 2001 and expiring on 3 May 2002.']