Mattiussi v R [2023] NSWCCA 289

Mattiussi v R [2023] NSWCCA 289

The sentencing exercise miscarried because the parties provided inaccurate and unnecessarily complicated information regarding pre-sentence custody, leading to an error in backdating the sentence. The parole period for previous sentences, where parole had not been revoked, should have been counted as pre-sentence custody referable to the index offences. The finding of special circumstances and the extent of reduction in the statutory ratio was within the sentencing judge's discretion and properly reasoned.

Parties
Applicant: Matthew Mattiussi; Respondent: Rex
Jurisdiction
Australia
Judgment Date
24 November 2023
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Judgment and Resentencing
Outcome
Leave to appeal granted. Appeal allowed. Sentence quashed and applicant resentenced.
Legal Topics
Appeal Against Sentence, Pre Sentence Custody, Totality Principle, Special Circumstances, Statutory Ratio, Backdating Sentence
Criminal Law Appeal Against Sentence Pre Sentence Custody Totality Principle Special Circumstances Statutory Ratio Backdating Sentence

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Parties

Matthew Mattiussi

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Judgment and Resentencing

Legal Issues

  1. 1 Did the sentencing judge err by failing to take proper account of pre-sentence custody and backdate the sentence accordingly?
  2. 2 Did the sentencing judge err in failing to vary or sufficiently vary the statutory ratio after finding special circumstances?

Ratio Decidendi

The sentencing exercise miscarried because the parties provided inaccurate and unnecessarily complicated information regarding pre-sentence custody, leading to an error in backdating the sentence. The parole period for previous sentences, where parole had not been revoked, should have been counted as pre-sentence custody referable to the index offences. The finding of special circumstances and the extent of reduction in the statutory ratio was within the sentencing judge's discretion and properly reasoned.

Court Disposition

Leave to appeal granted. Appeal allowed. Sentence quashed and applicant resentenced.

Orders

  • Leave to appeal granted and appeal allowed.
  • Quash the sentence imposed in the District Court on 9 September 2022.