R v Hookey; Cooper and Dates [2009] NSWCCA 252

R v Hookey; Cooper and Dates [2009] NSWCCA 252

Although the sentences (particularly the non-parole periods) were lenient, in the context of the total sentences, the s166 matters, findings of special circumstances, and considerations of totality, the sentencing discretion had not miscarried. The Crown failed to establish manifest inadequacy.

Jurisdiction
Australia
Judgment Date
30 September 2009
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal (post Sentence)
Outcome
Crown appeal in each instance dismissed
Legal Topics
['sentencing' 'crown Appeal' 'escape From Lawful Custody' 'special Circumstances' 'totality Principle']
['criminal Law'] ['sentencing' 'crown Appeal' 'escape From Lawful Custody' 'special Circumstances' 'totality Principle']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal (post Sentence)

Legal Issues

  1. 1 ['Whether sentences imposed for escape from lawful custody and related offences were manifestly inadequate' 'Appropriateness of non-parole period lengths given special circumstances findings' 'Application of sentencing principles including totality and deterrence']

Ratio Decidendi

Although the sentences (particularly the non-parole periods) were lenient, in the context of the total sentences, the s166 matters, findings of special circumstances, and considerations of totality, the sentencing discretion had not miscarried. The Crown failed to establish manifest inadequacy.

Court Disposition

Crown appeal in each instance dismissed

Orders

  • ['Crown appeal dismissed for Darren Hookey' 'Crown appeal dismissed for Leigh Cooper' 'Crown appeal dismissed for Stephen Dates']