Regina v Smith [2003] NSWCCA 353

Regina v Smith [2003] NSWCCA 353

By majority, the Court held that the sentencing judge took account of the previous sentence, special circumstances and the principle of totality, and that the current sentences of eleven years with non-parole periods totalling eight years were within discretion and not manifestly excessive given the objective gravity of the offences. The applicant's calculation impermissibly accumulated the previous sentence with the current sentences for the ratio analysis. Leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
24 November 2003
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal refused.
Legal Topics
['inadequacy or Excessiveness of Sentence' 'accumulation of Sentences' 'principle of Totality' 'special Circumstances' 'non Parole Period' 'sexual Offences Against a Child']
['criminal Law' 'sentencing'] ['inadequacy or Excessiveness of Sentence' 'accumulation of Sentences' 'principle of Totality' 'special Circumstances' 'non Parole Period' 'sexual Offences Against a Child']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the sentencing judge erred by accumulating or taking account of the applicant's previous sentence when structuring the current sentences and non-parole periods." 'Whether the overall sentence was manifestly excessive.' 'Whether the finding of special circumstances was adequately reflected in the relationship between the head sentence and the non-parole period.']

Ratio Decidendi

By majority, the Court held that the sentencing judge took account of the previous sentence, special circumstances and the principle of totality, and that the current sentences of eleven years with non-parole periods totalling eight years were within discretion and not manifestly excessive given the objective gravity of the offences. The applicant's calculation impermissibly accumulated the previous sentence with the current sentences for the ratio analysis. Leave to appeal was refused.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']