Sonter v R [2018] NSWCCA 228

Sonter v R [2018] NSWCCA 228

The sentencing judge did not err regarding totality or by failing to provide reasons for a non-parole period slightly exceeding 75%, as the record supports that totality was specifically considered and the non-parole period imposed reflected the judge’s intention regarding the nature and seriousness of the offence. The minor discrepancy above 75% does not constitute error, and no House v The King error was established.

Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Leave Granted; Appeal Determined
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'non Parole Periods' 'accumulation of Sentences' 'special Circumstances' 'totality']
['criminal Law'] ['sentencing' 'non Parole Periods' 'accumulation of Sentences' 'special Circumstances' 'totality']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence; Leave Granted; Appeal Determined

Legal Issues

  1. 1 ['Whether the sentencing judge erred in imposing a non-parole period greater than 75% of the total effective sentence' 'Whether the sentencing judge failed to properly consider totality when setting the non-parole period' 'Whether reasons were required for a non-parole period in excess of 75%']

Ratio Decidendi

The sentencing judge did not err regarding totality or by failing to provide reasons for a non-parole period slightly exceeding 75%, as the record supports that totality was specifically considered and the non-parole period imposed reflected the judge’s intention regarding the nature and seriousness of the offence. The minor discrepancy above 75% does not constitute error, and no House v The King error was established.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']