Michael Paul Webster v Regina [2006] NSWCCA 346

Michael Paul Webster v Regina [2006] NSWCCA 346

The accumulation of sentences, taking into account the seriousness and separateness of offences and applicant's criminal antecedents, was not manifestly excessive; however, the formal parole order made by the sentencing judge for a term greater than 3 years was in error and should be set aside.

Jurisdiction
Australia
Judgment Date
08 November 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave granted to appeal against sentence; appeal allowed to extent only of setting aside parole order and conditions attached; otherwise, appeal against sentence dismissed
Legal Topics
['sentence Appeal' 'parole Orders' 'totality Principle' 'accumulation of Sentences']
['criminal Law'] ['sentence Appeal' 'parole Orders' 'totality Principle' 'accumulation of Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the aggregate sentence and accumulation of sentences was manifestly excessive' 'Whether the parole order and conditions attached wereproper under Crimes (Sentencing Procedure) Act 1999 (NSW)']

Ratio Decidendi

The accumulation of sentences, taking into account the seriousness and separateness of offences and applicant's criminal antecedents, was not manifestly excessive; however, the formal parole order made by the sentencing judge for a term greater than 3 years was in error and should be set aside.

Court Disposition

Leave granted to appeal against sentence; appeal allowed to extent only of setting aside parole order and conditions attached; otherwise, appeal against sentence dismissed

Orders

  • ['Leave granted to appeal against sentence' 'Appeal allowed to extent only of setting aside parole order and conditions attached thereto' 'Otherwise, appeal against sentence dismissed']