Warby v Regina [2007] NSWCCA 173

Warby v Regina [2007] NSWCCA 173

The applicant pleaded guilty only to the offence under s 323 of the Crimes Act 1900, but was sentenced under s 324, which constitutes a distinct and greater offence requiring specific allegation in the indictment. Sentencing on the basis of the aggravated offence was an error requiring the sentence to be quashed and re-imposed according to the offence actually pleaded.

Jurisdiction
Australia
Judgment Date
21 June 2007
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
Appeal upheld, sentence quashed and re-imposed
Legal Topics
['sentencing' 'influencing Witnesses' 'circumstances of Aggravation' 'available Maximum Sentence']
['criminal Law'] ['sentencing' 'influencing Witnesses' 'circumstances of Aggravation' 'available Maximum Sentence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 ['Whether the applicant was sentenced for an aggravated offence contrary to his plea of guilty to the non-aggravated offence' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The applicant pleaded guilty only to the offence under s 323 of the Crimes Act 1900, but was sentenced under s 324, which constitutes a distinct and greater offence requiring specific allegation in the indictment. Sentencing on the basis of the aggravated offence was an error requiring the sentence to be quashed and re-imposed according to the offence actually pleaded.

Court Disposition

Appeal upheld, sentence quashed and re-imposed

Orders

  • ['Leave to appeal granted' 'Appeal upheld' 'Sentence is quashed' 'In lieu, the applicant is sentenced to imprisonment for a non parole period of 12 months commencing on 18 August 2006 and expiring on 17 August 2007 with a balance of term of 4 months commencing on 18 August 2007' 'The Court directs the release of the...