Mark Anthony CLAPPISON v R [2017] NSWCCA 33

Mark Anthony CLAPPISON v R [2017] NSWCCA 33

The sentence was infected by error due to the inclusion of an offence carrying life imprisonment on the Form One, contravening s 33(4)(b) of the Crimes (Sentencing Procedure) Act 1999. The only available course was to remit the matter to the District Court for resentencing.

Jurisdiction
Australia
Judgment Date
10 March 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted and appeal allowed; sentences quashed; matter remitted to District Court for resentencing hearing de novo.
Legal Topics
['appeal Against Sentence' 'historical Sexual Offences' 'sentencing Error' 'remittal to District Court']
['criminal Law'] ['appeal Against Sentence' 'historical Sexual Offences' 'sentencing Error' 'remittal to District Court']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed in respect of the homosexual intercourse count was manifestly excessive' 'Whether the inclusion of an offence carrying life imprisonment on the Form One contravened s 33(4)(b) of the Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

The sentence was infected by error due to the inclusion of an offence carrying life imprisonment on the Form One, contravening s 33(4)(b) of the Crimes (Sentencing Procedure) Act 1999. The only available course was to remit the matter to the District Court for resentencing.

Court Disposition

Leave to appeal granted and appeal allowed; sentences quashed; matter remitted to District Court for resentencing hearing de novo.

Orders

  • ['Leave to appeal granted and appeal allowed' 'The sentences imposed on 14 August 2015 are quashed.' 'Remit the matter to the District Court for a hearing de novo pursuant to s 12(2) of the Criminal Appeal Act 1912.' 'The matter is listed for mention at Sydney District Court on 17 March 2017.']