R v Peter William Schaffer [2005] NSWCCA 193

R v Peter William Schaffer [2005] NSWCCA 193

The sentences imposed for both offences were not manifestly excessive, given the applicant’s criminal history, breach of bond, and the objective gravity and seriousness of threatening a judicial officer with intent to influence their conduct. The distinct circumstances and criminal backgrounds of co-offenders justified the sentencing disparity. Proper denouncement of conduct striking at the administration of justice is required.

Parties
Applicant: Peter William Schaffer; Respondent: Regina; Crown: S Kavanagh
Jurisdiction
Australia
Judgment Date
18 May 2005
Procedural Posture
Criminal Appeal / Leave to Appeal, Sentencing Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Sentencing, Break and Enter, Threats to Judicial Officers, Administration of Justice
Criminal Law Sentencing Break and Enter Threats to Judicial Officers Administration of Justice

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Parties

Peter William Schaffer

Applicant

Regina

Respondent

S Kavanagh

Crown

Procedural Posture

Criminal Appeal / Leave to Appeal, Sentencing Appeal

Legal Issues

  1. 1 Whether sentences imposed for break and enter and threatening a judicial officer were manifestly excessive
  2. 2 Appropriate discounts for guilty pleas
  3. 3 Objective gravity and seriousness of offences involving a judicial officer

Ratio Decidendi

The sentences imposed for both offences were not manifestly excessive, given the applicant’s criminal history, breach of bond, and the objective gravity and seriousness of threatening a judicial officer with intent to influence their conduct. The distinct circumstances and criminal backgrounds of co-offenders justified the sentencing disparity. Proper denouncement of conduct striking at the administration of justice is required.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed