Lambert v R [2015] NSWCCA 22

Lambert v R [2015] NSWCCA 22

The sentencing judge failed to consider the alternatives of an intensive correction order or home detention, as required by s 99(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW), when revoking the s 12 bond. This deficiency was a miscarriage of the sentencing process requiring the orders made on 28 February 2014 to be quashed and the proceeding remitted. There was no error in treatment of personal history or refusal to find special circumstances for reduction in non-parole period in the earlier sentencing.

Jurisdiction
Australia
Judgment Date
03 March 2015
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision
Outcome
Appeal against 2013 sentence: extension of time granted but leave refused; Appeal against 2014 sentence: leave granted, appeal allowed; 2014 sentence quashed; matter remitted for further hearing.
Legal Topics
['sentencing' 'supply of Prohibited Drug' 'good Behaviour Bond' 'breach of Bond' 'intensive Correction Order' 'non Parole Period' 'special Circumstances']
['criminal Law'] ['sentencing' 'supply of Prohibited Drug' 'good Behaviour Bond' 'breach of Bond' 'intensive Correction Order' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Decision

Legal Issues

  1. 1 ["Whether appropriate weight was given to the applicant's personal history in sentencing for supply of a prohibited drug" 'Whether there was error in failing to consider non-custodial sentences upon breach of a good behaviour bond, specifically intensive correction order or home detention' 'Whether there was error in declining to find special circumstances justifying reduction in non-parole period']

Ratio Decidendi

The sentencing judge failed to consider the alternatives of an intensive correction order or home detention, as required by s 99(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW), when revoking the s 12 bond. This deficiency was a miscarriage of the sentencing process requiring the orders made on 28 February 2014 to be quashed and the proceeding remitted. There was no error in treatment of personal history or refusal to find special circumstances for reduction in non-parole period in the earlier sentencing.

Court Disposition

Appeal against 2013 sentence: extension of time granted but leave refused; Appeal against 2014 sentence: leave granted, appeal allowed; 2014 sentence quashed; matter remitted for further hearing.

Orders

  • ['Extend the time within which to apply for leave to appeal against the sentence imposed on 29 January 2013' 'Refuse leave to appeal against that sentence' 'Grant leave to appeal against the sentence imposed on 28 February 2014' 'Allow the appeal against that sentence' 'Quash the sentence imposed on 28 February...