Clegg v Regina [2002] NSWCCA 394

Clegg v Regina [2002] NSWCCA 394

Although the 12 month sentence with a 9 month non-parole period for breach of recognisance was moderate in itself given the seriousness of the breach and the underlying offence, the sentencing judge erred by not making some allowance for the accumulation of sentences. Giving effect to totality required a small adjustment to the commencement date, while preserving the sentence and non-parole period because of the applicant's revealed criminality and prior leniency through concurrent and partially concurrent sentences.

Jurisdiction
Australia
Judgment Date
23 September 2002
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal against sentence allowed in part; sentence varied as to commencement date only.
Legal Topics
['accumulation of Sentences' 'totality Principle' 'non Parole Period' 'breach of Recognisance' 'accessory After the Fact to Robbery Being Armed With an Offensive Weapon']
['criminal Law' 'sentencing'] ['accumulation of Sentences' 'totality Principle' 'non Parole Period' 'breach of Recognisance' 'accessory After the Fact to Robbery Being Armed With an Offensive Weapon']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge failed to give sufficient effect to the totality principle when fixing the sentence and non-parole period for breach of recognisance.' "Whether the sentence for breach of recognisance should have been made wholly cumulative on the applicant's existing sentences."]

Ratio Decidendi

Although the 12 month sentence with a 9 month non-parole period for breach of recognisance was moderate in itself given the seriousness of the breach and the underlying offence, the sentencing judge erred by not making some allowance for the accumulation of sentences. Giving effect to totality required a small adjustment to the commencement date, while preserving the sentence and non-parole period because of the applicant's revealed criminality and prior leniency through concurrent and partially concurrent sentences.

Court Disposition

Leave to appeal granted; appeal against sentence allowed in part; sentence varied as to commencement date only.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal against sentence allowed in part.' 'Dismiss the appeal against a sentence of 12 months imprisonment with a non-parole period of 9 months for breach of the recognizance for the offence of accessory after the fact to robbery being armed with an offensive weapon but...