Black v R [2008] NSWCCA 337

Black v R [2008] NSWCCA 337

The original sentence was excessive because, although the offence was serious and aggravated by being committed while the applicant was in custody, the overall sentence had to reflect totality, the applicant's youth, troubled background, need for community supervision, and prospects of rehabilitation. A sentence adding only a limited further period of full-time custody was proportionate.

Jurisdiction
Australia
Judgment Date
22 December 2008
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal upheld; District Court sentence quashed; applicant resentenced.
Legal Topics
['doing an Act With Intent to Influence a Witness' 'manifestly Excessive Sentence' 'totality' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing' 'criminal Appeals'] ['doing an Act With Intent to Influence a Witness' 'manifestly Excessive Sentence' 'totality' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for doing an act with intent to influence a witness contrary to s 323(a) Crimes Act 1900 was excessive and required appellate intervention.' "What sentence should be imposed having regard to totality, the applicant's youth, rehabilitation prospects, and existing sentences for malicious wounding and aggravated car-jacking."]

Ratio Decidendi

The original sentence was excessive because, although the offence was serious and aggravated by being committed while the applicant was in custody, the overall sentence had to reflect totality, the applicant's youth, troubled background, need for community supervision, and prospects of rehabilitation. A sentence adding only a limited further period of full-time custody was proportionate.

Court Disposition

Leave to appeal granted; appeal upheld; District Court sentence quashed; applicant resentenced.

Orders

  • ['Leave to appeal granted and appeal upheld.' 'Sentence imposed in the District Court quashed.' 'Sentence the applicant to a non-parole period of 18 months commencing on 6 April 2009 and expiring on 5 October 2010 with a further term of 18 months expiring on 5 April 2012.']