Thurlow v R [2022] NSWCCA 20

Thurlow v R [2022] NSWCCA 20

Because the sentencing judge concluded, having regard to the purposes of sentencing, the objective seriousness of the offending and the serious assault on the justice system, that only full-time custody was appropriate and that an ICO was not appropriate, there was no further decision to be made under s 66(2). The grounds alleging failure to apply s 66(2) and a restrictive approach to it were not established.

Jurisdiction
Australia
Judgment Date
14 February 2022
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['perverting the Course of Justice' 'intensive Correction Order' 'full Time Custody' 'community Safety' 'general Deterrence']
['criminal Law' 'sentencing'] ['perverting the Course of Justice' 'intensive Correction Order' 'full Time Custody' 'community Safety' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to appropriately apply s 66(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW) by not determining whether the sentence would be most appropriately served by way of Intensive Correction Order or full-time custody.' 'Whether the sentencing judge erred by adopting a restrictive approach to the application of s 66(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW).']

Ratio Decidendi

Because the sentencing judge concluded, having regard to the purposes of sentencing, the objective seriousness of the offending and the serious assault on the justice system, that only full-time custody was appropriate and that an ICO was not appropriate, there was no further decision to be made under s 66(2). The grounds alleging failure to apply s 66(2) and a restrictive approach to it were not established.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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