Michael FORSYTH v Regina [2002] NSWCCA 393

The judge found substantial special circumstances but made only a nominal allowance for them. In light of their strength, the non-parole period should have been further reduced.

Jurisdiction: Australia
Judgment Date: 23 September 2002
Procedural Posture: Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome: Leave to appeal against sentence granted; appeal allowed in part.
Legal Topics: ['sentencing' 'special Circumstances' 'non Parole Period' 'dangerous Driving Causing Death']

['criminal Law'] ['sentencing' 'special Circumstances' 'non Parole Period' 'dangerous Driving Causing Death']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

1 ['Whether the sentencing judge made sufficient allowance for special circumstances in fixing the non-parole period.' 'Appropriate ratio between non-parole period and full sentence given special circumstances.']

Ratio Decidendi

The judge found substantial special circumstances but made only a nominal allowance for them. In light of their strength, the non-parole period should have been further reduced.

Court Disposition

Leave to appeal against sentence granted; appeal allowed in part.

Orders

['Leave to appeal against sentence granted.' 'Appeal against sentence allowed in part.' 'Dismiss the appeal against the sentence of three years and six months.' 'Reduce the non-parole period to two years and three months, commencing on 3 August 2001 and expiring on 2 November 2003.']