Regina v Peter James Krempin [2003] NSWCCA 263

Regina v Peter James Krempin [2003] NSWCCA 263

The sentencing judge erred by not considering or making findings as to whether the applicant's depression and anxiety had any impact upon or causal connection with the commission of the offences. The applicant's depression and generalised anxiety disorder were, in part, causative. Leave to appeal granted. Non-parole period reduced to 18 months in light of the mental disorder's impact.

Jurisdiction
Australia
Judgment Date
09 September 2003
Procedural Posture
Criminal / Application for Leave to Appeal Against Sentence; Determination of Appeal
Outcome
Leave to appeal granted; non-parole period reduced
Legal Topics
['sentencing' 'mental Disorder as Sentencing Factor' 'armed Robbery' 'appeals Against Sentence']
['criminal Law'] ['sentencing' 'mental Disorder as Sentencing Factor' 'armed Robbery' 'appeals Against Sentence']

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Procedural Posture

Criminal / Application for Leave to Appeal Against Sentence; Determination of Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge properly took into account the applicant's mental disorder in sentencing" "Whether the applicant's mental disorder and alcoholism should mitigate sentence"]

Ratio Decidendi

The sentencing judge erred by not considering or making findings as to whether the applicant's depression and anxiety had any impact upon or causal connection with the commission of the offences. The applicant's depression and generalised anxiety disorder were, in part, causative. Leave to appeal granted. Non-parole period reduced to 18 months in light of the mental disorder's impact.

Court Disposition

Leave to appeal granted; non-parole period reduced

Orders

  • ['Leave to appeal granted' 'In lieu of the non-parole period of 21 months fixed by the sentencing judge, the Court fixed a non-parole period of 18 months']