REGINA v. PHILP [1999] NSWCCA 253

REGINA v. PHILP [1999] NSWCCA 253

The sentencing judge erred by imposing a recognisance of excessive length with unnecessarily onerous and inappropriate conditions and by making remarks and permitting conduct in the proceedings that gave rise to a reasonable apprehension of a lack of impartiality. The appeal should therefore be upheld and the sentence varied to a shorter recognisance with properly tailored conditions.

Jurisdiction
Australia
Judgment Date
16 August 1999
Procedural Posture
Criminal Appeal / Appeal Against Sentence From District Court
Outcome
Appeal upheld; sentence quashed; substituted by new recognisance with revised conditions
Legal Topics
['deferred Sentence' 'conditions of Recognisance' 'judicial Impartiality' 'sentencing Procedure' 'good Conduct During Remand']
['criminal Law' 'sentencing'] ['deferred Sentence' 'conditions of Recognisance' 'judicial Impartiality' 'sentencing Procedure' 'good Conduct During Remand']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence From District Court

Legal Issues

  1. 1 ['Whether the length and conditions of the recognisance imposed by the sentencing judge were excessive and inappropriate' "Whether the judge's remarks and manner indicated a lack of judicial impartiality"]

Ratio Decidendi

The sentencing judge erred by imposing a recognisance of excessive length with unnecessarily onerous and inappropriate conditions and by making remarks and permitting conduct in the proceedings that gave rise to a reasonable apprehension of a lack of impartiality. The appeal should therefore be upheld and the sentence varied to a shorter recognisance with properly tailored conditions.

Court Disposition

Appeal upheld; sentence quashed; substituted by new recognisance with revised conditions

Orders

  • ['Leave to appeal granted' 'Order of District Court quashed' 'Sentence deferred upon entering recognisance of $2,000 to be of good behaviour for two and a half years' 'Recognisance to require: (a) come up for sentence if called on; (b) place under supervision of Victorian counterpart of Probation and Parole Service...