Regina v English [2000] NSWCCA 245

Regina v English [2000] NSWCCA 245

There was no parity issue because the applicant was sentenced, at his own urging, before the co-offender's disputed evidence was resolved and on facts favourable to him; the sentence was otherwise within range and appropriate even allowing for pre-sentence custody, but the omission of seven additional days of custody required a minor adjustment by quashing and substituting the sentence.

Jurisdiction
Australia
Judgment Date
16 June 2000
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Sentence quashed and substituted with a minor adjustment; the applicant's substantive grievances were rejected.
Legal Topics
['robbery in Company' 'parity Principle' 'pre Sentence Custody' 'backdating Sentences' 'non Parole Period']
['criminal Law' 'sentencing'] ['robbery in Company' 'parity Principle' 'pre Sentence Custody' 'backdating Sentences' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the applicant had a justifiable sense of grievance because he received the same sentence as a co-offender despite being sentenced on the basis that he only lent support by being present.' "Whether the sentence failed to give proper effect to the applicant's pre-sentence custody because it was not backdated." 'Whether a minor adjustment was required because seven further days of custody elapsed between the calculation of pre-sentence custody and the date of sentence.']

Ratio Decidendi

There was no parity issue because the applicant was sentenced, at his own urging, before the co-offender's disputed evidence was resolved and on facts favourable to him; the sentence was otherwise within range and appropriate even allowing for pre-sentence custody, but the omission of seven additional days of custody required a minor adjustment by quashing and substituting the sentence.

Court Disposition

Sentence quashed and substituted with a minor adjustment; the applicant's substantive grievances were rejected.

Orders

  • ['The sentence is quashed.' 'The applicant is sentenced in substitution to a term of imprisonment of two years less seven days to commence on 26 July 1999 and to expire on 18 July 2000.' 'The Court sets a non parole period of eighteen months less seven days and the earliest date upon which the applicant will become...