Vinaisi v R [2021] NSWCCA 134

Vinaisi v R [2021] NSWCCA 134

No appealable error was established because the sentencing judge expressly considered the applicant's criminal history, long periods in custody, risk of institutionalisation, need for support and rehabilitation on release, and made a finding of special circumstances which affected the non-parole period ratio. The judge was not required to refer mechanistically to every discrete submission about the pattern of recidivism, and the sentence sufficiently took that pattern into account.

Jurisdiction
Australia
Judgment Date
23 June 2021
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'non Parole Period' 'special Circumstances' 'recidivism' 'institutionalisation' 'rehabilitation' 'bugmy Principles']
['criminal Law' 'sentencing' 'criminal Appeals'] ['appeal Against Sentence' 'non Parole Period' 'special Circumstances' 'recidivism' 'institutionalisation' 'rehabilitation' 'bugmy Principles']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by not sufficiently taking into account the applicant's pattern of recidivism relating to repeated incarceration after short periods in the community." 'Whether the non-parole period should have been reduced and the period of parole supervision increased to promote rehabilitation and protect the community.']

Ratio Decidendi

No appealable error was established because the sentencing judge expressly considered the applicant's criminal history, long periods in custody, risk of institutionalisation, need for support and rehabilitation on release, and made a finding of special circumstances which affected the non-parole period ratio. The judge was not required to refer mechanistically to every discrete submission about the pattern of recidivism, and the sentence sufficiently took that pattern into account.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']