Regina v P.A.M. [2000] NSWCCA 494

Regina v P.A.M. [2000] NSWCCA 494

The sentencing judge erred in principle by declining to set a non-parole period. His reasons for refusing a non-parole period were confusing and contradictory, and the community had an interest in the applicant being supervised after release from a long term of imprisonment. A six-year non-parole period on the seven-year sentences for counts 2 and 3 appropriately balanced the objective seriousness, deterrence, rehabilitation, subjective matters, and protective custody.

Jurisdiction
Australia
Judgment Date
24 November 2000
Procedural Posture
Criminal Sentence Severity Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Application for leave to appeal granted; appeal upheld; sentences on counts 1 and 4 to 8 confirmed; sentences on counts 2 and 3 set aside and reimposed with a non-parole period.
Legal Topics
['sexual Offences Involving Young Children' 'aggravated Act of Indecency' 'aggravated Indecent Assault' 'use Child for Pornographic Purposes' 'non Parole Period' 'protective Custody' 'deterrence' 'rehabilitation']
['criminal Law' 'sentencing'] ['sexual Offences Involving Young Children' 'aggravated Act of Indecency' 'aggravated Indecent Assault' 'use Child for Pornographic Purposes' 'non Parole Period' 'protective Custody' 'deterrence' 'rehabilitation']

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Procedural Posture

Criminal Sentence Severity Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in declining to set a non-parole period.' 'Whether the overall sentence was manifestly excessive.' 'Whether adequate weight was given to the guilty pleas and the fact that the applicant would be held in protective custody.']

Ratio Decidendi

The sentencing judge erred in principle by declining to set a non-parole period. His reasons for refusing a non-parole period were confusing and contradictory, and the community had an interest in the applicant being supervised after release from a long term of imprisonment. A six-year non-parole period on the seven-year sentences for counts 2 and 3 appropriately balanced the objective seriousness, deterrence, rehabilitation, subjective matters, and protective custody.

Court Disposition

Application for leave to appeal granted; appeal upheld; sentences on counts 1 and 4 to 8 confirmed; sentences on counts 2 and 3 set aside and reimposed with a non-parole period.

Orders

  • ['Confirm the sentences imposed on counts 1 and 4 to 8 inclusive.' 'Set aside the sentences imposed on counts 2 and 3.' 'Sentence the applicant on counts 2 and 3 to imprisonment for seven years commencing on 7 April 2000 and expiring on 6 April 2007.' 'Fix a non-parole period of six years, making the applicant...