R v Aporo [2000] NSWCCA 48

R v Aporo [2000] NSWCCA 48

The sentence of four years for threatening a witness, though imposed to reflect total criminality, was excessive when measured against comparable cases and sentencing statistics; the appeal should be allowed and the sentence reduced.

Jurisdiction
Australia
Judgment Date
23 February 2000
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Appeal allowed
Legal Topics
['sentence' 'threaten Witness' 'impositions for Related Assaults Served Within Encompassing Term' 'pattern of Sentence' 'sentencing Statistics']
['criminal Law'] ['sentence' 'threaten Witness' 'impositions for Related Assaults Served Within Encompassing Term' 'pattern of Sentence' 'sentencing Statistics']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed for threatening a witness was manifestly excessive' 'Whether special circumstances justified a departure from standard sentencing']

Ratio Decidendi

The sentence of four years for threatening a witness, though imposed to reflect total criminality, was excessive when measured against comparable cases and sentencing statistics; the appeal should be allowed and the sentence reduced.

Court Disposition

Appeal allowed

Orders

  • ['Application for leave to appeal granted' 'Appeal allowed' 'Sentence on count 4 (threatening a witness) quashed' "New sentence imposed: total term of two years' imprisonment, minimum term one year six months, additional term six months, all commencing 13 October 1998" 'Applicant to be released to parole on 12 April...