Martha Isabel RUANO v R; Martha RUANO v R [2011] NSWCCA 149

Martha Isabel RUANO v R; Martha RUANO v R [2011] NSWCCA 149

There was no error in the sentencing judge's treatment of the possibility that the charges could have been dealt with summarily, because that circumstance was considered and did not require a scaled reduction by reference to Local Court penalties. However, leave should be granted and the appeal allowed in part because the sentencing judge found special circumstances and apparently intended to depart from the statutory ratio, but the aggregate non-parole period did not reflect that intention due to arithmetic; fairness required variation of the sentence for the third offence.

Jurisdiction
Australia
Judgment Date
30 June 2011
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Application for Leave to Appeal Against Severity of Sentence Imposed in the District Court
Outcome
Application for leave to appeal against sentence granted and appeal allowed in part.
Legal Topics
['stealing From a Person' 'application for Leave to Appeal Against Sentence' 'summary Disposal and Local Court Maximum Penalties' 'structure of Sentences' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['stealing From a Person' 'application for Leave to Appeal Against Sentence' 'summary Disposal and Local Court Maximum Penalties' 'structure of Sentences' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Application for Leave to Appeal Against Severity of Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge failed to have proper regard to the fact that each count could have been dealt with in the Local Court and to the maximum penalty in such a case.' 'Whether the sentencing judge erred in failing to structure the sentences to give proper effect to s 44 Crimes (Sentencing Procedure) Act 1999 and to vary the statutory ratio after finding special circumstances.']

Ratio Decidendi

There was no error in the sentencing judge's treatment of the possibility that the charges could have been dealt with summarily, because that circumstance was considered and did not require a scaled reduction by reference to Local Court penalties. However, leave should be granted and the appeal allowed in part because the sentencing judge found special circumstances and apparently intended to depart from the statutory ratio, but the aggregate non-parole period did not reflect that intention due to arithmetic; fairness required variation of the sentence for the third offence.

Court Disposition

Application for leave to appeal against sentence granted and appeal allowed in part.

Orders

  • ['Application for leave to appeal against sentence granted and appeal allowed in part.' 'Sentences and orders in the District Court for offences on 5 June 2008 and 28 May 2009 confirmed.' 'Sentence and orders for offence on 10 August 2009 quashed and in lieu thereof the applicant sentenced to imprisonment consisting...