R v Kerrie-Ellen Robyn Knight [2005] NSWCCA 253

R v Kerrie-Ellen Robyn Knight [2005] NSWCCA 253

The sentencing judge failed to properly apply the Pearce principle by imposing identical sentences for all break, enter and steal offences despite their differing seriousness. The judge also erred by treating 'in company' as an aggravating factor when not charged with the aggravating offence. These errors required the sentences to be quashed and the applicant to be re-sentenced in accordance with Pearce and Hammoud, though the effective head sentence and non-parole period remain the same as originally imposed.

Parties
Applicant: Kerrie-Ellen Robyn Knight; Respondent: Regina
Jurisdiction
Australia
Judgment Date
27 July 2005
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Application for Leave to Appeal and Re Sentencing
Outcome
Appeal allowed. Sentences quashed. Applicant re-sentenced.
Legal Topics
Sentencing, Break, Enter and Steal, Plea of Guilty, Principles in Pearce V the Queen, Aggravating Factors, Totality of Sentence, Discount for Assistance, Manifest Excess, Re Sentencing
Criminal Law Sentencing Break, Enter and Steal Plea of Guilty Principles in Pearce V the Queen Aggravating Factors Totality of Sentence Discount for Assistance +2 more

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Parties

Kerrie-Ellen Robyn Knight

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Application for Leave to Appeal and Re Sentencing

Legal Issues

  1. 1 Whether the sentencing judge failed to apply the principles in Pearce v The Queen (1998) 194 CLR 610 when sentencing for multiple offences
  2. 2 Whether the sentencing judge erred in treating the fact of offences committed in company as an aggravating factor under s.21A(2)(e) Crimes (Sentencing Procedure) Act 1999 when the applicant was not charged with the aggravated offence
  3. 3 Whether the sentence for the s.189 offence was excessive, being at maximum contrary to the judge's stated intentions

Ratio Decidendi

The sentencing judge failed to properly apply the Pearce principle by imposing identical sentences for all break, enter and steal offences despite their differing seriousness. The judge also erred by treating 'in company' as an aggravating factor when not charged with the aggravating offence. These errors required the sentences to be quashed and the applicant to be re-sentenced in accordance with Pearce and Hammoud, though the effective head sentence and non-parole period remain the same as originally imposed.

Court Disposition

Appeal allowed. Sentences quashed. Applicant re-sentenced.

Orders

  • Leave to appeal granted against sentences imposed by Judge Urquhart QC at Armidale District Court on 19 February 2004.
  • Appeal allowed and all sentences imposed on 19 February 2004 are quashed.