Pehar v R [2020] NSWCCA 118

Pehar v R [2020] NSWCCA 118

The sentencing judge erred by finding all offences aggravated by the applicant being 'in company', when the evidence did not support this for every offence. Only counts 2, 3, 4, and 5 were aggravated by the presence of others, and only to a minor degree. Consequently, the applicant is entitled to a lesser aggregate sentence.

Jurisdiction
Australia
Judgment Date
05 June 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence varied
Legal Topics
['sentencing' 'aggravating Factors' 'appeal Against Sentence' 'in Company Aggravation' 'joint Criminal Enterprise']
['criminal Law'] ['sentencing' 'aggravating Factors' 'appeal Against Sentence' 'in Company Aggravation' 'joint Criminal Enterprise']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether sentencing judge erred in finding all offences aggravated by being 'in company' under s 21A(2)(e) Crimes (Sentencing Procedure) Act 1999 (NSW)" 'Whether a lesser aggregate sentence is warranted']

Ratio Decidendi

The sentencing judge erred by finding all offences aggravated by the applicant being 'in company', when the evidence did not support this for every offence. Only counts 2, 3, 4, and 5 were aggravated by the presence of others, and only to a minor degree. Consequently, the applicant is entitled to a lesser aggregate sentence.

Court Disposition

Appeal allowed; sentence varied

Orders

  • ['Leave to appeal granted.' 'Appeal against sentence allowed.' 'Sentence imposed by Wilson SC DCJ on 12 August 2019 is quashed and in lieu thereof an aggregate sentence of 4 years and 6 months is imposed to commence on 27 September 2018 and expire on 26 March 2023, with a non-parole period of 2 years and 3 months to...