Regina v Kim Duke [2000] NSWCCA 403
The sentencing judge erred by failing to consider the option of periodic detention, an available and appropriate sentencing option in this exceptional case given the applicant’s background, family responsibilities, prospects of rehabilitation, and circumstances of the offending.
- Jurisdiction
- Australia
- Judgment Date
- 04 October 2000
- Procedural Posture
- Criminal Appeal / Sentence Appeal Decision
- Outcome
- Appeal allowed
- Legal Topics
- ['sentence' 'use Offensive Weapon With Intent to Prevent Lawful Apprehension' 'exceptional Case' 'full Time Custodial Sentence' 'periodic Detention']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Sentence Appeal Decision
Legal Issues
- 1 ['Whether a full-time custodial sentence was inevitable for use of an offensive weapon with intent to prevent lawful apprehension' 'Whether the sentencing judge erred in rejecting periodic detention as a sentencing option']
Ratio Decidendi
The sentencing judge erred by failing to consider the option of periodic detention, an available and appropriate sentencing option in this exceptional case given the applicant’s background, family responsibilities, prospects of rehabilitation, and circumstances of the offending.
Court Disposition
Appeal allowed
Orders
- ['Leave to appeal granted.' 'Appeal allowed.' 'Sentence imposed on s33B Crimes Act charge quashed.' 'Applicant sentenced to one year and eight months imprisonment, with a non-parole period of five months, to be served by way of periodic detention.' 'Applicant to be released at expiration of non-parole period, parole...
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