Regina v Nasher [2005] NSWCCA 238

Regina v Nasher [2005] NSWCCA 238

Ground 2 was upheld because the sentencing judge failed to adequately clarify and demonstrate how pre-sentence custody was taken into account. This ambiguity, together with the adjustment for the utilitarian value of the guilty plea, made it difficult to ascertain the basis for the total sentence imposed. The applicant's youth, subjective matters, good prospects of rehabilitation, and evidence tendered post-sentencing were all factors that warranted a lesser sentence.

Jurisdiction
Australia
Judgment Date
28 June 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
appeal allowed; appellant resentenced
Legal Topics
['sentencing' 'pre Sentence Custody' 'plea of Guilty' 'subjective Circumstances' 'resentencing']
['criminal Law'] ['sentencing' 'pre Sentence Custody' 'plea of Guilty' 'subjective Circumstances' 'resentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge demonstrably took into account pre-sentence custody' "Whether the judge properly considered the applicant's subjective case"]

Ratio Decidendi

Ground 2 was upheld because the sentencing judge failed to adequately clarify and demonstrate how pre-sentence custody was taken into account. This ambiguity, together with the adjustment for the utilitarian value of the guilty plea, made it difficult to ascertain the basis for the total sentence imposed. The applicant's youth, subjective matters, good prospects of rehabilitation, and evidence tendered post-sentencing were all factors that warranted a lesser sentence.

Court Disposition

appeal allowed; appellant resentenced

Orders

  • ['Application for leave to appeal against sentence granted.' 'Appeal allowed, the sentence imposed in the District Court quashed and in lieu thereof the applicant be sentenced to imprisonment consisting of a non parole period of two years commencing on 19 May 2004 and expiring on 18 May 2006 with a total term of...