R v Smith [2003] NSWCCA 381

R v Smith [2003] NSWCCA 381

The sentences imposed in the District Court were individually and collectively so low that they fell below the proper range of sentencing discretion. The offences were substantially more serious than the typical robbery in company considered in Regina v Henry because they involved planning, substantial money taken or at risk, violence to property and persons, one offence involving a dangerous weapon, and commission while on parole. The concurrency and short total effective sentence meant that the respondent effectively received no punishment for three offences. The Court therefore allowed the Crown appeal, quashed the sentences and resentenced the respondent with restraint appropriate to...

Jurisdiction
Australia
Judgment Date
12 December 2003
Procedural Posture
Criminal Sentencing Appeal / Crown Appeal Against Sentences Imposed in the District Court Under S 5 D Criminal Appeal Act
Outcome
Appeal allowed; sentences quashed; respondent resentenced to an effective head sentence of fifteen years with eligibility for release on parole on 12 June 2012.
Legal Topics
['sentencing' 'robbery in Company' 'aggravated Robbery' 'crown Appeal Against Sentence' 'guilty Plea Discount' 'parole and Accumulation of Sentences' 'totality']
['criminal Law'] ['sentencing' 'robbery in Company' 'aggravated Robbery' 'crown Appeal Against Sentence' 'guilty Plea Discount' 'parole and Accumulation of Sentences' 'totality']

Case Brief

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Procedural Posture

Criminal Sentencing Appeal / Crown Appeal Against Sentences Imposed in the District Court Under S 5 D Criminal Appeal Act

Legal Issues

  1. 1 ['Whether the individual sentences and total effective sentence for multiple robbery offences were manifestly inadequate.' 'Whether the sentencing judge erred by imposing sentences that were partly concurrent with the balance of an earlier sentence following revocation of parole.' 'Whether a twenty-five per cent discount for the pleas of guilty was excessive.' "How the sentences should be structured having regard to the respondent's prior sentence, parole status, guilty pleas, subjective circumstances and totality."]

Ratio Decidendi

The sentences imposed in the District Court were individually and collectively so low that they fell below the proper range of sentencing discretion. The offences were substantially more serious than the typical robbery in company considered in Regina v Henry because they involved planning, substantial money taken or at risk, violence to property and persons, one offence involving a dangerous weapon, and commission while on parole. The concurrency and short total effective sentence meant that the respondent effectively received no punishment for three offences. The Court therefore allowed the Crown appeal, quashed the sentences and resentenced the respondent with restraint appropriate to...

Court Disposition

Appeal allowed; sentences quashed; respondent resentenced to an effective head sentence of fifteen years with eligibility for release on parole on 12 June 2012.

Orders

  • ['Allow the appeal and quash the sentences appealed from.' 'For the attempted robbery in company on 14 February 2002, impose imprisonment for six years and six months commencing on 13 June 2003 and ending on 12 December 2009; decline to fix a non-parole period.' 'For the robbery in company on 18 February 2002,...