R v Jones [2004] NSWCCA 432

R v Jones [2004] NSWCCA 432

The original sentence for robbery whilst armed was manifestly inadequate, failed to apply the guideline judgment, did not account for the offence being committed on parole, and erroneously treated the offence as if it were sentenced with earlier offences, resulting in a token sentence and failing to reflect the objective seriousness and principles of deterrence. The appealable error required intervention and re-sentencing to a penalty reflective of the seriousness of the offence and the respondent's circumstances.

Jurisdiction
Australia
Judgment Date
10 December 2004
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal Decision on Leave and Re Sentencing
Outcome
Appeal allowed, sentence quashed, respondent re-sentenced
Legal Topics
['sentencing' 'robbery While Armed' 'crown Appeals' 'parole Offences' 'totality Principle']
['criminal Law'] ['sentencing' 'robbery While Armed' 'crown Appeals' 'parole Offences' 'totality Principle']

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Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal Decision on Leave and Re Sentencing

Legal Issues

  1. 1 ['Whether the original sentence for armed robbery was manifestly inadequate' 'Whether the sentencing judge erred in his application of the principle of totality and in backdating the sentence']

Ratio Decidendi

The original sentence for robbery whilst armed was manifestly inadequate, failed to apply the guideline judgment, did not account for the offence being committed on parole, and erroneously treated the offence as if it were sentenced with earlier offences, resulting in a token sentence and failing to reflect the objective seriousness and principles of deterrence. The appealable error required intervention and re-sentencing to a penalty reflective of the seriousness of the offence and the respondent's circumstances.

Court Disposition

Appeal allowed, sentence quashed, respondent re-sentenced

Orders

  • ['Leave to appeal granted.' 'Appeal allowed and the sentence imposed by Judge Maguire on 5 August 2004 quashed.' 'In lieu thereof, the respondent is sentenced to a term of imprisonment of 3 years to commence 10 January 2004 and to expire 9 January 2007, with a non-parole period of 2 years to expire 9 January 2006,...