Regina v Nigel Peter Pamplin [2001] NSWCCA 327

Regina v Nigel Peter Pamplin [2001] NSWCCA 327

Because it was common ground that the suspended sentence had not been imposed in accordance with s 12 of the Crimes (Sentencing Procedure) Act 1999, the Crown appeal had to be allowed and the sentence quashed. Given the respondent's current situation, including his status as a forensic patient and the need for psychiatric and related material not available to the Court, the appropriate course was to remit re-sentencing to the District Court at Moree and order a pre-sentence report.

Jurisdiction
Australia
Judgment Date
14 August 2001
Procedural Posture
Crown Appeal Against Sentence / Appeal Against a Suspended Sentence of Imprisonment Imposed in the Moree District Court
Outcome
Crown appeal against sentence allowed; sentence quashed; matter remitted to the District Court at Moree for re-sentencing; pre-sentence report ordered.
Legal Topics
['suspended Sentence of Imprisonment' 'crimes (sentencing Procedure) Act 1999 S 12' 'remittal for Re Sentencing' 'pre Sentence Report']
['criminal Law' 'sentencing' 'criminal Procedure'] ['suspended Sentence of Imprisonment' 'crimes (sentencing Procedure) Act 1999 S 12' 'remittal for Re Sentencing' 'pre Sentence Report']

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Procedural Posture

Crown Appeal Against Sentence / Appeal Against a Suspended Sentence of Imprisonment Imposed in the Moree District Court

Legal Issues

  1. 1 ['Whether the suspended sentence was imposed in accordance with s 12 of the Crimes (Sentencing Procedure) Act 1999.' 'Whether the Court should re-sentence the respondent or remit the matter to the District Court for re-sentencing.']

Ratio Decidendi

Because it was common ground that the suspended sentence had not been imposed in accordance with s 12 of the Crimes (Sentencing Procedure) Act 1999, the Crown appeal had to be allowed and the sentence quashed. Given the respondent's current situation, including his status as a forensic patient and the need for psychiatric and related material not available to the Court, the appropriate course was to remit re-sentencing to the District Court at Moree and order a pre-sentence report.

Court Disposition

Crown appeal against sentence allowed; sentence quashed; matter remitted to the District Court at Moree for re-sentencing; pre-sentence report ordered.

Orders

  • ['The Crown appeal against sentence is allowed and the sentence imposed in the Court below is quashed.' 'Remit, pursuant to s 12(2) of the Criminal Appeal Act, to the District Court at Moree at its next sitting the re-sentencing according to law of the respondent.' 'Order that a pre-sentence report be prepared for...