REGINA v Jason Leslie HORNE [2004] NSWCCA 8

REGINA v Jason Leslie HORNE [2004] NSWCCA 8

The sentencing judge erred by treating himself as bound to commence sentencing from the same notional base as that adopted for the co-offender Melissa Edwards, whose lesser role was expressly found by the other sentencing judge. This led to manifestly inadequate sentences for the respondent’s aggravated breaking,...

Source-derived case information.

Parties
Appellant: Regina; Respondent: Jason Leslie Horne
Jurisdiction
Australia
Judgment Date
19 March 2004
Procedural Posture
Crown Appeal Against Sentence / Judgment on Crown Appeal and Re Sentencing
Outcome
Crown appeal partially allowed; sentences for counts 2-5 quashed and respondent resentenced; appeal regarding sentence for escaping from lawful custody dismissed.
Legal Topics
Sentencing, Parity, Break, Enter and Steal, Escape From Lawful Custody, Form 1 Offences, Non Parole Periods
Criminal Law Sentencing Parity Break, Enter and Steal Escape From Lawful Custody Form 1 Offences Non Parole Periods

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Summary, issues, holding and outcome

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Parties

Regina

Appellant

Jason Leslie Horne

Respondent

Procedural Posture

Crown Appeal Against Sentence / Judgment on Crown Appeal and Re Sentencing

Legal Issues

  1. 1 Whether the sentences imposed on the respondent for aggravated breaking, entering and stealing, and for escaping from lawful custody, were manifestly inadequate
  2. 2 Approach to parity in sentencing co-offenders
  3. 3 Treatment of Form 1 offences in sentencing

Ratio Decidendi

The sentencing judge erred by treating himself as bound to commence sentencing from the same notional base as that adopted for the co-offender Melissa Edwards, whose lesser role was expressly found by the other sentencing judge. This led to manifestly inadequate sentences for the respondent’s aggravated breaking, entering and stealing offences, particularly having regard to the objective seriousness, the number of offences (including Form 1 offences), and the respondent’s criminal history. The appropriate approach was to fix higher starting points, distinguish the count to which Form 1 offences were attached, and allow for concurrency to the extent it does not result in manifest...

Court Disposition

Crown appeal partially allowed; sentences for counts 2-5 quashed and respondent resentenced; appeal regarding sentence for escaping from lawful custody dismissed.

Orders

  • Dismiss the appeal against the inadequacy of sentence imposed with respect to the offence of escaping from lawful custody, and confirm the sentence of eight months' imprisonment to date from 4 February 2003 and to expire on 3 October 2003.
  • Allow the appeal in respect of counts 2, 3, 4 and 5, quash the sentences imposed in the District Court.