Jackson v R [2010] NSWCCA 162

Jackson v R [2010] NSWCCA 162

The sentencing judge erred by failing to give full effect, after accumulation, to the finding of special circumstances. Although the individual sentences and accumulation were not challenged, the aggregate sentence allowed only a six-week departure from the statutory ratio and did not adequately reflect the applicant's risk of further institutionalisation, family support and expressed determination to remain drug free. A non-parole period of 6 years and 6 months with a balance of term of 3 years remained an appropriate reflection of the applicant's serious and repeated offending while providing an extended period of parole supervision.

Jurisdiction
Australia
Judgment Date
23 August 2010
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal allowed to the extent that the Doonside sentence was quashed and re-sentenced; other sentences affirmed.
Legal Topics
['appeal Against Sentence' 'offences Against the Person' 'property Offences' 'aggravated Break and Enter' 'robbery' 'form 1 Offences' 'special Circumstances' 'non Parole Period' 'risk of Institutionalisation']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'offences Against the Person' 'property Offences' 'aggravated Break and Enter' 'robbery' 'form 1 Offences' 'special Circumstances' 'non Parole Period' 'risk of Institutionalisation']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to give full effect to a finding of special circumstances after accumulating the individual sentences.' "Whether risk of institutionalisation and the applicant's circumstances warranted an extended period of supervision on parole." 'Whether the Court should intervene and impose some other sentence under s 6(3) of the Criminal Appeal Act 1912.']

Ratio Decidendi

The sentencing judge erred by failing to give full effect, after accumulation, to the finding of special circumstances. Although the individual sentences and accumulation were not challenged, the aggregate sentence allowed only a six-week departure from the statutory ratio and did not adequately reflect the applicant's risk of further institutionalisation, family support and expressed determination to remain drug free. A non-parole period of 6 years and 6 months with a balance of term of 3 years remained an appropriate reflection of the applicant's serious and repeated offending while providing an extended period of parole supervision.

Court Disposition

Leave to appeal against sentence granted; appeal allowed to the extent that the Doonside sentence was quashed and re-sentenced; other sentences affirmed.

Orders

  • ['Leave to appeal against sentence is granted.' 'Sentences imposed on the Kirribilli (CAN H29495712/3), Kings Park (CAN H28259554/2), Redfern (CAN H28630909/1) and Glenbrook (CAN H25170917/2) offences are affirmed.' 'The sentence for the Doonside offence (CAN H28032523/13) is quashed and in lieu thereof a sentence...