R v Henare [2003] NSWCCA 376

R v Henare [2003] NSWCCA 376

The sentencing judge erred by imposing fixed terms without setting non-parole periods for the 18 month sentences. Having regard to the applicant's circumstances and relevant sentencing principles, the preferable course was to set non-parole periods. Accordingly, both appeals were allowed and sentences varied to 18 months imprisonment with a non-parole period of 13 months and 2 weeks on each offence, to commence concurrently from 7 December 2002.

Parties
Applicant: Leonard John Henare; Respondent: Regina
Jurisdiction
Australia
Judgment Date
01 December 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed; sentences quashed and re-sentenced
Legal Topics
Sentencing, Non Parole Periods, Fixed Term Sentences
Criminal Law Sentencing Non Parole Periods Fixed Term Sentences

Case Brief

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Parties

Leonard John Henare

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in imposing fixed term sentences without setting non-parole periods
  2. 2 Whether the sentences imposed were manifestly excessive in the absence of a non-parole period

Ratio Decidendi

The sentencing judge erred by imposing fixed terms without setting non-parole periods for the 18 month sentences. Having regard to the applicant's circumstances and relevant sentencing principles, the preferable course was to set non-parole periods. Accordingly, both appeals were allowed and sentences varied to 18 months imprisonment with a non-parole period of 13 months and 2 weeks on each offence, to commence concurrently from 7 December 2002.

Court Disposition

Appeal allowed; sentences quashed and re-sentenced

Orders

  • Leave to appeal granted in respect of each of the offences of break and enter with intent to steal (24 February 2002) and drive whilst disqualified (1-8 November 2002).
  • Appeal against sentence allowed; sentence quashed in each case.