Dixon v Regina [2019] NSWCCA 85

Dixon v Regina [2019] NSWCCA 85

The sentencing judge erred by taking the applicant's parole status and criminal history into account in assessing the objective seriousness of the principal offence. That error required resentencing. The institutionalisation ground and the complaint about the word 'broke' were not made out. On resentencing, taking into account the low objective seriousness, the Form 1 offence, parole status, criminal record, reduced moral culpability, rehabilitation needs, special circumstances and a 10 per cent plea discount, a total sentence of 4 years with a non-parole period of 2 years and 6 months was imposed.

Jurisdiction
Australia
Judgment Date
24 April 2019
Procedural Posture
Application for Leave to Appeal Against Sentence; Sentence Appeal / Court of Criminal Appeal Appeal From the District Court of NSW Sentence Imposed on 23 March 2018
Outcome
Leave to appeal granted; appeal allowed; sentence set aside; applicant resentenced.
Legal Topics
['enter Dwelling House With Intent to Commit Serious Indictable Offence' 'circumstances of Aggravation' 'form 1 Offence' 'domestic Violence Intimidation' 'manifest Excess' 'objective Seriousness' 'special Circumstances' 'institutionalisation' 'aboriginal Offender Hardship and Disadvantage']
['criminal Law' 'sentencing'] ['enter Dwelling House With Intent to Commit Serious Indictable Offence' 'circumstances of Aggravation' 'form 1 Offence' 'domestic Violence Intimidation' 'manifest Excess' 'objective Seriousness' 'special Circumstances' 'institutionalisation' 'aboriginal Offender Hardship and Disadvantage']

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Procedural Posture

Application for Leave to Appeal Against Sentence; Sentence Appeal / Court of Criminal Appeal Appeal From the District Court of NSW Sentence Imposed on 23 March 2018

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to take into account evidence or submissions concerning the risk of institutionalisation.' "Whether the sentencing judge erred in assessing objective seriousness by taking into account the applicant's criminal record and status as a parolee." 'Whether the sentencing judge erred by taking into account that the applicant had broken into the premises.' 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

The sentencing judge erred by taking the applicant's parole status and criminal history into account in assessing the objective seriousness of the principal offence. That error required resentencing. The institutionalisation ground and the complaint about the word 'broke' were not made out. On resentencing, taking into account the low objective seriousness, the Form 1 offence, parole status, criminal record, reduced moral culpability, rehabilitation needs, special circumstances and a 10 per cent plea discount, a total sentence of 4 years with a non-parole period of 2 years and 6 months was imposed.

Court Disposition

Leave to appeal granted; appeal allowed; sentence set aside; applicant resentenced.

Orders

  • ['Grant the applicant leave to appeal.' 'Appeal allowed.' 'The sentence imposed on the applicant on 23 March 2018 is set aside.' 'The applicant is sentenced to a total term of imprisonment of 4 years commencing on 31 October 2016 and expiring on 31 October 2020, consisting of a non-parole period of 2 years and 6...