R v RIDDELL [2000] NSWCCA 144

R v RIDDELL [2000] NSWCCA 144

The appeal was allowed to correct an error regarding the omission of a parole order, but the sentence imposed was within the proper range and not manifestly excessive; the applicant is to be released on parole at expiration of the non-parole period.

Parties
Crown: Regina; Applicant: John Riddell
Jurisdiction
Australia
Judgment Date
10 April 2000
Procedural Posture
Criminal Appeal / Leave to Appeal and Sentence Appeal
Outcome
Leave to appeal granted; appeal allowed to correct sentencing error; sentence otherwise confirmed.
Legal Topics
Escape From Lawful Custody, Sentencing, Parole, Manifest Excess in Sentencing
Criminal Law Escape From Lawful Custody Sentencing Parole Manifest Excess in Sentencing

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Parties

Regina

Crown

John Riddell

Applicant

Procedural Posture

Criminal Appeal / Leave to Appeal and Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive.
  2. 2 Whether the sentencing judge erred by failing to make a parole order as required by statute.

Ratio Decidendi

The appeal was allowed to correct an error regarding the omission of a parole order, but the sentence imposed was within the proper range and not manifestly excessive; the applicant is to be released on parole at expiration of the non-parole period.

Court Disposition

Leave to appeal granted; appeal allowed to correct sentencing error; sentence otherwise confirmed.

Orders

  • Leave to appeal granted.
  • Appeal allowed.