Lunn-Reid v R [2018] NSWCCA 110

Lunn-Reid v R [2018] NSWCCA 110

The sentencing judge erred because the accumulated sentence structure, despite a finding of special circumstances, produced a total non-parole period to head sentence ratio beyond the statutory ratio without any indication that this was intended. The sentencing judge also erred in the treatment of plea discounts by applying materially different discounts without explanation and by referring to contrition in the utilitarian discount. On re-sentence, the errors warranted reducing only the non-parole period for the wounding offence, because the gravity of that offence, the applicant's moral culpability, and the need to protect the community did not justify reducing the head sentence or the...

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal allowed in relation to the sentence for wounding with intent to cause grievous bodily harm; that sentence quashed and the applicant re-sentenced with a reduced non-parole period.
Legal Topics
['appeal Against Sentence' 'discounts for Pleas of Guilty' 'special Circumstances' 'non Parole Period' 'cumulation of Sentences' 'mental Illness in Sentencing' 'protection of the Community']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'discounts for Pleas of Guilty' 'special Circumstances' 'non Parole Period' 'cumulation of Sentences' 'mental Illness in Sentencing' 'protection of the Community']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing judge erred in applying different discounts for the applicant's pleas of guilty to the two offences and by referring to contrition in the context of the utilitarian discount." 'Whether the sentencing judge failed to give effect to the finding of special circumstances because the accumulated sentence structure produced a ratio between the total non-parole period and total head sentence above the statutory ratio.' "Whether, on re-sentence, a lesser sentence was warranted given the applicant's chronic schizophrenia, violent offending history, and continuing danger to the community."]

Ratio Decidendi

The sentencing judge erred because the accumulated sentence structure, despite a finding of special circumstances, produced a total non-parole period to head sentence ratio beyond the statutory ratio without any indication that this was intended. The sentencing judge also erred in the treatment of plea discounts by applying materially different discounts without explanation and by referring to contrition in the utilitarian discount. On re-sentence, the errors warranted reducing only the non-parole period for the wounding offence, because the gravity of that offence, the applicant's moral culpability, and the need to protect the community did not justify reducing the head sentence or the...

Court Disposition

Leave to appeal granted; appeal allowed in relation to the sentence for wounding with intent to cause grievous bodily harm; that sentence quashed and the applicant re-sentenced with a reduced non-parole period.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed with regard to the sentence for wounding with intent to cause grievous bodily harm imposed by Judge McLoughlin on 18 August 2016.' 'That sentence is quashed.' 'With regard to that offence, the applicant is sentenced to a non-parole period of four years, eleven months and...