R v Scott [2001] NSWCCA 377

R v Scott [2001] NSWCCA 377

Although the applicant's sentence would otherwise have been appropriate given the objective seriousness of the aggravated break, enter and steal, the serious Form 1 matters, and the fact that the offence was committed while on bail, the later sentence imposed on the co-offender created a disparity sufficient to give the applicant a justified sense of grievance. The Court therefore intervened and re-sentenced the applicant, while still imposing a substantial sentence reflecting his greater criminality and the objective seriousness of the offending.

Jurisdiction
Australia
Judgment Date
10 August 2001
Procedural Posture
Appeal Against Severity of Sentence / Leave to Appeal and Sentence Appeal in the Court of Criminal Appeal
Outcome
Leave to appeal granted; original sentence quashed; applicant re-sentenced to five-and-a-half years imprisonment with a non-parole period of three-and-a-half years and parole supervision conditions.
Legal Topics
['aggravated Break, Enter and Steal' 'parity' 'justified Sense of Grievance' 'guilty Plea Discount' 'protective Custody' 'form 1 Offences']
['criminal Law' 'sentencing'] ['aggravated Break, Enter and Steal' 'parity' 'justified Sense of Grievance' 'guilty Plea Discount' 'protective Custody' 'form 1 Offences']

Case Brief

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Procedural Posture

Appeal Against Severity of Sentence / Leave to Appeal and Sentence Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentence imposed on the applicant was so disproportionate to the co-offender's sentence as to give rise to a justified sense of grievance." "Whether the sentencing judge failed to give sufficient consideration to the applicant's timely guilty plea." 'Whether the sentencing judge erred in considering hardship arising from protective custody.' 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

Although the applicant's sentence would otherwise have been appropriate given the objective seriousness of the aggravated break, enter and steal, the serious Form 1 matters, and the fact that the offence was committed while on bail, the later sentence imposed on the co-offender created a disparity sufficient to give the applicant a justified sense of grievance. The Court therefore intervened and re-sentenced the applicant, while still imposing a substantial sentence reflecting his greater criminality and the objective seriousness of the offending.

Court Disposition

Leave to appeal granted; original sentence quashed; applicant re-sentenced to five-and-a-half years imprisonment with a non-parole period of three-and-a-half years and parole supervision conditions.

Orders

  • ['Leave to appeal be granted.' 'The sentence of imprisonment imposed by Morgan DCJ be quashed, and in lieu thereof a sentence be imposed of imprisonment for a period of five-and-a-half years, commencing on 16 August 1999 and concluding on 15 February 2005, with a non-parole period of three-and-a-half years to date...