R v Butler [2000] NSWCCA 525

R v Butler [2000] NSWCCA 525

The sentence exceeded legitimate sentencing discretion because it failed to properly consider the applicant's youthfulness and personal circumstances. Although deterrence is important, the impulsive and opportunistic nature of the offence, the abandonment of the attempt, and the applicant’s efforts at rehabilitation warranted reduction of the non-parole period. Technical correction required for parole order. Leave to appeal was granted, appeal allowed, sentence quashed, and a new non-parole period imposed.

Jurisdiction
Australia
Judgment Date
04 December 2000
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Leave to Appeal Against Severity of Sentence
Outcome
Leave to appeal granted, appeal allowed, sentence quashed, new sentence imposed.
Legal Topics
['sentencing' 'appeals' 'attempted Escape From Custody']
['criminal Law'] ['sentencing' 'appeals' 'attempted Escape From Custody']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Failure to make a parole order under s 24 of Sentencing Act 1989' 'Parity with co-offender']

Ratio Decidendi

The sentence exceeded legitimate sentencing discretion because it failed to properly consider the applicant's youthfulness and personal circumstances. Although deterrence is important, the impulsive and opportunistic nature of the offence, the abandonment of the attempt, and the applicant’s efforts at rehabilitation warranted reduction of the non-parole period. Technical correction required for parole order. Leave to appeal was granted, appeal allowed, sentence quashed, and a new non-parole period imposed.

Court Disposition

Leave to appeal granted, appeal allowed, sentence quashed, new sentence imposed.

Orders

  • ['Leave to appeal granted' 'Appeal allowed' 'Original sentence quashed' "Applicant sentenced to a total term of eighteen months' imprisonment with a non-parole period of nine months to commence from 3 March 2000" 'Applicant directed for immediate release as soon as administrative procedures affected']