SHAW, Jason Robert v R [2008] NSWCCA 58

SHAW, Jason Robert v R [2008] NSWCCA 58

Error was demonstrated in the sentencing judge's approach to the assessment of objective seriousness and the discount for the plea of guilty, warranting appellate intervention and resentencing. The offending, while serious, was in the mid-range and a greater discount should have been applied for the early guilty plea. The appeal is allowed and a reduced sentence is imposed.

Jurisdiction
Australia
Judgment Date
14 March 2008
Procedural Posture
Criminal Appeal / Leave to Appeal Sentence Granted; Appeal Determined
Outcome
Appeal allowed; resentenced
Legal Topics
['sentencing' 'appeals Against Sentence' 'aggravated Break and Enter' 'malicious Damage to Property' 'domestic Violence Offences' 'plea of Guilty' 'proportionality' 'discount for Plea' 'objective Seriousness' 'crimes (sentencing Procedure) Act']
['criminal Law'] ['sentencing' 'appeals Against Sentence' 'aggravated Break and Enter' 'malicious Damage to Property' 'domestic Violence Offences' 'plea of Guilty' 'proportionality' 'discount for Plea' 'objective Seriousness' 'crimes (sentencing Procedure) Act']

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Procedural Posture

Criminal Appeal / Leave to Appeal Sentence Granted; Appeal Determined

Legal Issues

  1. 1 ['Whether the sentence imposed was disproportionate to the gravity of the offence' 'Whether the sentencing judge erred in the assessment of objective seriousness' 'Whether proper allowance for plea of guilty and remorse was made' 'Application of Div 1A of Part IV and s 44(2) of the Crimes (Sentencing Procedure) Act' 'Relevance of victim’s forgiveness in sentencing for domestic violence']

Ratio Decidendi

Error was demonstrated in the sentencing judge's approach to the assessment of objective seriousness and the discount for the plea of guilty, warranting appellate intervention and resentencing. The offending, while serious, was in the mid-range and a greater discount should have been applied for the early guilty plea. The appeal is allowed and a reduced sentence is imposed.

Court Disposition

Appeal allowed; resentenced

Orders

  • ['Grant leave to appeal' 'Allow the appeal and quash the sentences imposed in the District Court' 'In lieu thereof, the applicant is sentenced to a non-parole period of two years and six months commencing on 7 April 2007 and expiring on 6 October 2009 with a balance of term of eighteen months expiring on 6 April 2011']