R v Aiken [2001] NSWCCA 40

R v Aiken [2001] NSWCCA 40

The sentencing judge failed to give the applicant proper credit for time spent in quasi-custody in a residential drug rehabilitation program prior to sentencing. This failure was an error in the exercise of sentencing discretion, warranting appellate intervention and re-sentencing.

Parties
Respondent: Regina; Applicant: Matthew Clifford Aiken
Jurisdiction
Australia
Judgment Date
14 February 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Re Sentencing
Outcome
Leave to appeal granted; appeal allowed; applicant re-sentenced.
Legal Topics
Sentencing, Robbery, Credit for Quasi Custody, Rehabilitation, Parity of Sentence
Criminal Law Sentencing Robbery Credit for Quasi Custody Rehabilitation Parity of Sentence

Case Brief

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Parties

Regina

Respondent

Matthew Clifford Aiken

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Re Sentencing

Legal Issues

  1. 1 Whether the sentencing judge erred in not giving credit for quasi-custody during participation in drug rehabilitation program
  2. 2 Whether other sentencing errors (characterisation as 'armed robber', consideration of applicant's age, contrition, rehabilitation prospects, or alleged parity disparity) occurred

Ratio Decidendi

The sentencing judge failed to give the applicant proper credit for time spent in quasi-custody in a residential drug rehabilitation program prior to sentencing. This failure was an error in the exercise of sentencing discretion, warranting appellate intervention and re-sentencing.

Court Disposition

Leave to appeal granted; appeal allowed; applicant re-sentenced.

Orders

  • Sentences imposed by Judge O'Reilly on 3 December 1999 quashed.
  • On first count (robbery in company): Three years eight months imprisonment, with a non-parole period of one year eight months from 3 December 1999, additional term of two years.