Reed v Regina [2007] NSWCCA 4

Reed v Regina [2007] NSWCCA 4

The sentencing judge erred in not reducing the non-parole period by six months to reflect pre-sentence custody and quasi-custody, even though the sentence was to be served by periodic detention. This resulted in a longer sentence than appropriate and constituted an error of principle.

Parties
Applicant: Leisa Reed; Respondent: Regina
Jurisdiction
Australia
Judgment Date
22 January 2007
Procedural Posture
Criminal Appeal / Appeal Against Severity of Sentence
Outcome
Appeal allowed; sentence varied
Legal Topics
Sentencing, Pre Sentence Custody, Quasi Custody, Parity, Periodic Detention
Criminal Law Sentencing Pre Sentence Custody Quasi Custody Parity Periodic Detention

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 3 Authorities cited 15 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Leisa Reed

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Severity of Sentence

Legal Issues

  1. 1 Whether failure to credit pre-sentence custody and quasi-custody resulted in an excessive sentence
  2. 2 Parity between applicant's and co-offender's sentence

Ratio Decidendi

The sentencing judge erred in not reducing the non-parole period by six months to reflect pre-sentence custody and quasi-custody, even though the sentence was to be served by periodic detention. This resulted in a longer sentence than appropriate and constituted an error of principle.

Court Disposition

Appeal allowed; sentence varied

Orders

  • Leave to appeal be granted
  • Quash the non-parole period imposed by O'Connor DCJ