RICKABY v REGINA [2007] NSWCCA 288

RICKABY v REGINA [2007] NSWCCA 288

The offences of firing a firearm in a public place and possession of an unregistered firearm are distinct; partial accumulation of sentences was within the sentencing judge's discretion, and the principle of totality was not offended, as overall criminality was properly reflected.

Parties
Applicant: Peter Kevine Rickaby; Respondent: Crown
Jurisdiction
Australia
Judgment Date
10 October 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Appeal Determination
Outcome
Appeal dismissed. Leave to appeal granted. Extension of time for filing application granted.
Legal Topics
Sentencing, Totality Principle, Cumulative and Concurrent Sentences, Firearms Offences
Criminal Law Sentencing Totality Principle Cumulative and Concurrent Sentences Firearms Offences

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Parties

Peter Kevine Rickaby

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence and Appeal Determination

Legal Issues

  1. 1 Whether the sentencing judge erred by imposing partially cumulative sentences without regard to commonality of elements between offences
  2. 2 Whether the sentencing judge failed to have regard to the principle of totality

Ratio Decidendi

The offences of firing a firearm in a public place and possession of an unregistered firearm are distinct; partial accumulation of sentences was within the sentencing judge's discretion, and the principle of totality was not offended, as overall criminality was properly reflected.

Court Disposition

Appeal dismissed. Leave to appeal granted. Extension of time for filing application granted.

Orders

  • Extend the time for filing the application for leave to appeal against sentence up to and including 30 May 2007.
  • Grant leave to appeal.