Pfeiffer v R [2009] NSWCCA 145

Pfeiffer v R [2009] NSWCCA 145

The sentence was excessive because the sentencing judge did not sufficiently reflect the applicant's serious health problems in the total term of imprisonment and erred in treating the offence and Form 1 matter as showing that the offending was not out of character, despite stale prior offences being given little or no weight. The applicant was entitled to be sentenced as a person without relevant prior similar offending, and the offence was not in the worst class so as to justify a sentence close to the maximum.

Jurisdiction
Australia
Judgment Date
15 May 2009
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal upheld; District Court sentence quashed and replaced with a sentence of 2 years imprisonment with release after 12 months upon security.
Legal Topics
['appeal Against Sentence' 'supplying Goods and Services Without Disclosing Undischarged Bankruptcy' 'seeking Credit Without Disclosing Bankruptcy' 'subjective Circumstances in Sentencing' 'poor Health in Custody' 'previous Good Character' 'manifest Excess']
['criminal Law' 'sentencing' 'bankruptcy Offences'] ['appeal Against Sentence' 'supplying Goods and Services Without Disclosing Undischarged Bankruptcy' 'seeking Credit Without Disclosing Bankruptcy' 'subjective Circumstances in Sentencing' 'poor Health in Custody' 'previous Good Character' 'manifest Excess']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge failed to take into account relevant subjective circumstances, in particular the applicant's poor health, when fixing the total sentence." "Whether the sentencing judge erred in the approach taken to the applicant's previous good character and lack of relevant criminal antecedents." 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

The sentence was excessive because the sentencing judge did not sufficiently reflect the applicant's serious health problems in the total term of imprisonment and erred in treating the offence and Form 1 matter as showing that the offending was not out of character, despite stale prior offences being given little or no weight. The applicant was entitled to be sentenced as a person without relevant prior similar offending, and the offence was not in the worst class so as to justify a sentence close to the maximum.

Court Disposition

Leave to appeal granted; appeal upheld; District Court sentence quashed and replaced with a sentence of 2 years imprisonment with release after 12 months upon security.

Orders

  • ['Leave to appeal is granted and the appeal upheld.' 'The sentence imposed in the District Court is quashed and in lieu thereof and having regard to the matter on the Form 1, the applicant is sentenced to imprisonment for a period of 2 years commencing 20 June 2008 and expiring 19 June 2010.' 'Pursuant to s 20(1)(b)...