REGINA v JACKSON [2001] NSWCCA 355

REGINA v JACKSON [2001] NSWCCA 355

The sentencing judge erred in giving excessive weight to special circumstances when setting the non-parole period, resulting in a manifestly inadequate non-parole period and a discretionary error. The non-parole period was increased to three years.

Parties
Appellant: Regina; Respondent: Adam Mathew Jackson
Jurisdiction
Australia
Judgment Date
14 September 2001
Procedural Posture
Criminal Appeal / Crown Appeal Against Sentence
Outcome
Crown appeal partly allowed
Legal Topics
Sentencing, Crown Appeals, Special Circumstances, Non Parole Period
Criminal Law Sentencing Crown Appeals Special Circumstances Non Parole Period

Case Brief

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Parties

Regina

Appellant

Adam Mathew Jackson

Respondent

Procedural Posture

Criminal Appeal / Crown Appeal Against Sentence

Legal Issues

  1. 1 Whether excessive weight was given to special circumstances in reducing the non-parole period under s44(2) Crimes (Sentencing Procedure) Act 1999
  2. 2 Whether the non-parole period imposed was manifestly inadequate
  3. 3 Whether the finding of special circumstances was open on the evidence

Ratio Decidendi

The sentencing judge erred in giving excessive weight to special circumstances when setting the non-parole period, resulting in a manifestly inadequate non-parole period and a discretionary error. The non-parole period was increased to three years.

Court Disposition

Crown appeal partly allowed

Orders

  • Crown appeal in relation to the first count allowed
  • Sentence imposed on first count quashed