R v Francis [2012] NSWDC 306

R v Francis [2012] NSWDC 306

Although the overall sentence was appropriate given the offender's extensive criminal record, the effective non-parole period fixed at about 82% was excessive in the absence of special circumstances; the non-parole period should be set at just under 75% of the total sentence.

Jurisdiction
Australia
Judgment Date
25 October 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Two of five appeals against sentence allowed. Sentences varied.
Legal Topics
['appeals Against Sentence' 'non Parole Period' 'special Circumstances' 'sentencing Variation']
['criminal Law'] ['appeals Against Sentence' 'non Parole Period' 'special Circumstances' 'sentencing Variation']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the non-parole period set by the sentencing court was excessive' 'Whether special circumstances warranted a reduction in the non-parole period']

Ratio Decidendi

Although the overall sentence was appropriate given the offender's extensive criminal record, the effective non-parole period fixed at about 82% was excessive in the absence of special circumstances; the non-parole period should be set at just under 75% of the total sentence.

Court Disposition

Two of five appeals against sentence allowed. Sentences varied.

Orders

  • ['Appeals from both sentences imposed for offences on 21 August 2011 dismissed.' 'Appeal from sentence imposed for contravening domestic violence order on 22 May 2012 dismissed.' 'Appeals from sentences for common assault and intimidation on 22 May 2012 allowed and varied: non-parole period for each set at 4 months...