McCoy v The Crown [2006] FCAFC 134

McCoy v The Crown [2006] FCAFC 134

The sentence imposed was excessive in the circumstances, as the trial judge erred in taking into account inadmissible material and imposed conditions not supported by the legislation. An appropriate head sentence is two years, with conditional release after 12 months served, to be supervised in New South Wales.

Parties
Appellant: Mark Vincent Leopold McCoy; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
01 September 2006
Procedural Posture
Criminal Appeal / On Appeal From the Supreme Court of Norfolk Island
Outcome
Appeal upheld. Sentence varied.
Legal Topics
Sentencing, Conditional Release, Recognizance, Appeal Against Sentence, Actual Bodily Harm
Criminal Law Sentencing Conditional Release Recognizance Appeal Against Sentence Actual Bodily Harm

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Parties

Mark Vincent Leopold McCoy

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / On Appeal From the Supreme Court of Norfolk Island

Legal Issues

  1. 1 Whether the trial judge erred by taking into account material not in evidence at the sentencing hearing
  2. 2 Whether the conditional release on recognizance could extend beyond the head sentence
  3. 3 Whether the sentence imposed was excessive considering the maximum penalty, comparable sentences, and plea of guilty

Ratio Decidendi

The sentence imposed was excessive in the circumstances, as the trial judge erred in taking into account inadmissible material and imposed conditions not supported by the legislation. An appropriate head sentence is two years, with conditional release after 12 months served, to be supervised in New South Wales.

Court Disposition

Appeal upheld. Sentence varied.

Orders

  • The appeal against the sentence imposed upon the appellant by the Supreme Court of Norfolk Island on 10 February 2006 be upheld.
  • The orders of 10 February 2006 be set aside and in lieu thereof ordered that: (1) Mark Vincent Leopold McCoy be sentenced to imprisonment for a term of two years, commencing from 10 February 2006. (2) Mark Vincent Leopold McCoy be released after having served at least 12 months of that term, upon entering into a...