Regina v Cooper [2001] NSWCCA 542

Regina v Cooper [2001] NSWCCA 542

The sentence was within the discretion of the sentencing judge and was justified by the seriousness of the offence and the applicant's history, but the finding of special circumstances was not given full effect in the non-parole period calculation. The non-parole period should be reduced and properly aligned with the legislative intention regarding special circumstances and supervision upon release.

Parties
Crown: Regina; Applicant: Paul Antonio Cooper
Jurisdiction
Australia
Judgment Date
04 December 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal granted; appeal allowed to the extent of varying the non-parole period.
Legal Topics
Aggravated Break Enter and Steal, Sentencing, Onus of Proof
Criminal Law Aggravated Break Enter and Steal Sentencing Onus of Proof

Case Brief

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Parties

Regina

Crown

Paul Antonio Cooper

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for aggravated break, enter and steal was manifestly excessive
  2. 2 Whether the applicant was properly advised and pleaded guilty with sufficient understanding of the aggravating circumstance
  3. 3 Whether special circumstances finding was given appropriate effect regarding the non-parole period

Ratio Decidendi

The sentence was within the discretion of the sentencing judge and was justified by the seriousness of the offence and the applicant's history, but the finding of special circumstances was not given full effect in the non-parole period calculation. The non-parole period should be reduced and properly aligned with the legislative intention regarding special circumstances and supervision upon release.

Court Disposition

Application for leave to appeal granted; appeal allowed to the extent of varying the non-parole period.

Orders

  • The non-parole period specified in the offence of aggravated break, enter and steal be quashed.
  • In lieu thereof a non-parole period of 18 months be specified, to commence on 22 February 2001 and expire on 21 August 2002, with parole commencing then.