Warner (AKA Jeremy Pachenko) v Regina [2013] NSWCCA 10

Warner (AKA Jeremy Pachenko) v Regina [2013] NSWCCA 10

Although the sentencing judge inverted the Pearce process by first fixing an overall sentence and then apportioning terms for the individual offences, this error did not warrant disturbance of the sentences as the individual sentences were within the discretionary range and properly justified on the facts and legislation.

Jurisdiction
Australia
Judgment Date
13 February 2013
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'non Parole Periods' 'totality Principle' 'principles From Veen, Fernando, Pearce, Muldrock and Markarian Cases']
['criminal Law'] ['sentencing' 'non Parole Periods' 'totality Principle' 'principles From Veen, Fernando, Pearce, Muldrock and Markarian Cases']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred in classifying the applicant's criminal record and in its relevance to sentence;" 'Whether there was failure to provide adequate reasons for departing from standard non-parole periods per s.54B(4) of the Crimes (Sentencing Procedure) Act 1999 (NSW);' 'Whether the sentence imposed was manifestly excessive;' 'Whether there was a Pearce error in structuring the sentences (inversion of the process required for multiple offences).']

Ratio Decidendi

Although the sentencing judge inverted the Pearce process by first fixing an overall sentence and then apportioning terms for the individual offences, this error did not warrant disturbance of the sentences as the individual sentences were within the discretionary range and properly justified on the facts and legislation.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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