R v King [1999] NSWCCA 251

R v King [1999] NSWCCA 251

The sentencing judge erred in not finding special circumstances given the cumulative sentences imposed, the applicant's psychological needs and youth, and the need for supervision on parole; accordingly, the sentence should be quashed and replaced with sentences reflecting these special circumstances.

Jurisdiction
Australia
Judgment Date
18 August 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted. Sentence quashed. New sentences imposed.
Legal Topics
['sentencing' 'special Circumstances' 'malicious Wounding' 'infliction of Grievous Bodily Harm' 'cumulative Sentences' 'rehabilitation' 'parole Eligibility']
['criminal Law'] ['sentencing' 'special Circumstances' 'malicious Wounding' 'infliction of Grievous Bodily Harm' 'cumulative Sentences' 'rehabilitation' 'parole Eligibility']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in not finding special circumstances justifying a shorter non-parole period and longer period on parole' 'Whether the proportion between the minimum and additional terms was inappropriate']

Ratio Decidendi

The sentencing judge erred in not finding special circumstances given the cumulative sentences imposed, the applicant's psychological needs and youth, and the need for supervision on parole; accordingly, the sentence should be quashed and replaced with sentences reflecting these special circumstances.

Court Disposition

Leave to appeal granted. Sentence quashed. New sentences imposed.

Orders

  • ['Sentence for first offence: fixed term of twelve months from 10 November 1997 to 9 November 1998.' 'Sentence for second offence: cumulative minimum term of fifteen months from 10 November 1998 to 9 February 2000.' 'Additional term of fifteen months from 10 February 2000.']