Pattison v Regina [2007] NSWCCA 186

Pattison v Regina [2007] NSWCCA 186

The sentence imposed for charge 11 was manifestly excessive as the sentencing judge failed to apply an appropriate discount for the early plea of guilty and focused improperly on total sentence length, resulting in an inappropriately high sentence for that count; appropriate application of principle of totality and discount leads to a reduced sentence for charge 11 and total effective sentence.

Jurisdiction
Australia
Judgment Date
29 June 2007
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal and Re Sentencing
Outcome
Appeal allowed in part; sentence for charge 11 quashed and replaced; leave to appeal granted.
Legal Topics
['sentencing' 'manifest Excess' 'totality' 'aggravating Factors' 'special Circumstances']
['criminal Law'] ['sentencing' 'manifest Excess' 'totality' 'aggravating Factors' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal and Re Sentencing

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether appropriate discounts were applied for guilty pleas' 'Whether the principle of totality was correctly applied' 'Whether special circumstances were properly considered']

Ratio Decidendi

The sentence imposed for charge 11 was manifestly excessive as the sentencing judge failed to apply an appropriate discount for the early plea of guilty and focused improperly on total sentence length, resulting in an inappropriately high sentence for that count; appropriate application of principle of totality and discount leads to a reduced sentence for charge 11 and total effective sentence.

Court Disposition

Appeal allowed in part; sentence for charge 11 quashed and replaced; leave to appeal granted.

Orders

  • ['Leave to appeal be granted.' 'Quash the sentence imposed by Viney ADCJ for charge 11 being an offence contrary to s 112(1) of the Crimes Act 1900.' 'Sentence the applicant to imprisonment for a non-parole period of 2 years to date from 17 November 2008 and expire on 16 November 2010 with a balance of term of 2...