MARCHANT v. REGINA; CRAWT v. REGINA [2006] NSWCCA 120

MARCHANT v. REGINA; CRAWT v. REGINA [2006] NSWCCA 120

By majority, Marchant's sentence was within the available range given the execution-style murder, his role as principal, criminal history, commission while on parole, lack of remorse, dangerousness and poor prospects of rehabilitation; any consideration of his involvement in other offences did not warrant appellate intervention. Crawt established a justifiable sense of grievance because, after his sentence included a significant component for Form 1 offences, Marchant later received no effective additional sentence for substantially equivalent offences in circumstances invited by the Crown. That disparity justified intervention, but not elimination of any additional allowance for Crawt's...

Jurisdiction
Australia
Judgment Date
19 April 2006
Procedural Posture
Applications for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal granted for both applicants. Marchant's appeal dismissed. Crawt's appeal allowed as to sentence; original sentence quashed and a lesser sentence imposed.
Legal Topics
['murder' 'manifest Excess' 'form 1 Offences' 'parity and Disparity Between Co Offenders' 'rehabilitation' 'contrition' 'proportionality' 'protection of the Community']
['criminal Law' 'sentencing' 'criminal Appeals'] ['murder' 'manifest Excess' 'form 1 Offences' 'parity and Disparity Between Co Offenders' 'rehabilitation' 'contrition' 'proportionality' 'protection of the Community']

Case Brief

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Procedural Posture

Applications for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed on Marchant for murder was manifestly excessive.' 'Whether the sentencing judge erred by taking into account offences not admitted by Marchant, and to which he had pleaded not guilty, when assessing his prospects of rehabilitation.' 'Whether the sentencing judge failed to take into account contrition shown by Crawt.' "Whether Crawt's sentence reflected the differences in culpability between him and Marchant." 'Whether Crawt had a justifiable sense of grievance because his sentence included a significant additional component for Form 1 offences while Marchant later received no effective additional sentence for substantially equivalent offences.' "Whether Crawt's sentence was manifestly excessive and what sentence should be substituted."]

Ratio Decidendi

By majority, Marchant's sentence was within the available range given the execution-style murder, his role as principal, criminal history, commission while on parole, lack of remorse, dangerousness and poor prospects of rehabilitation; any consideration of his involvement in other offences did not warrant appellate intervention. Crawt established a justifiable sense of grievance because, after his sentence included a significant component for Form 1 offences, Marchant later received no effective additional sentence for substantially equivalent offences in circumstances invited by the Crown. That disparity justified intervention, but not elimination of any additional allowance for Crawt's...

Court Disposition

Leave to appeal granted for both applicants. Marchant's appeal dismissed. Crawt's appeal allowed as to sentence; original sentence quashed and a lesser sentence imposed.

Orders

  • ["In the case of Marchant's application for leave to appeal: grant leave to appeal." "In the case of Marchant's application for leave to appeal: dismiss the appeal." "In the case of Crawt's application for leave to appeal: grant leave to appeal." "In the case of Crawt's application for leave to appeal: quash the...