R v Quin [2009] NSWCCA 16

R v Quin [2009] NSWCCA 16

The sentence was manifestly inadequate due to errors of double counting in favour of the respondent, giving undue weight to rehabilitation, and failing to accord sufficient weight to the gravity of the offence. The sentence did not reflect the seriousness of the crime. The Court set aside the original sentence and imposed a term of 5 years 6 months imprisonment with a non-parole period of 3 years 2 months.

Jurisdiction
Australia
Judgment Date
17 February 2009
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal Decision
Outcome
Crown appeal upheld. Sentence set aside. Conviction confirmed. New sentence imposed.
Legal Topics
['sentencing' 'crown Appeal' 'maliciously Inflict Grievous Bodily Harm With Intent' 'standard Non Parole Period' 'double Counting' 'rehabilitation' 'deterrence' 'manifest Inadequacy']
['criminal Law'] ['sentencing' 'crown Appeal' 'maliciously Inflict Grievous Bodily Harm With Intent' 'standard Non Parole Period' 'double Counting' 'rehabilitation' 'deterrence' 'manifest Inadequacy']

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Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal Decision

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly inadequate' 'Whether the sentencing judge erred in double counting subjective features to depart from the standard non-parole period and as special circumstances' 'Whether undue weight was given to subjective factors such as rehabilitation']

Ratio Decidendi

The sentence was manifestly inadequate due to errors of double counting in favour of the respondent, giving undue weight to rehabilitation, and failing to accord sufficient weight to the gravity of the offence. The sentence did not reflect the seriousness of the crime. The Court set aside the original sentence and imposed a term of 5 years 6 months imprisonment with a non-parole period of 3 years 2 months.

Court Disposition

Crown appeal upheld. Sentence set aside. Conviction confirmed. New sentence imposed.

Orders

  • ['The sentence is set aside.' 'The conviction is confirmed.' 'The respondent is sentenced to a term of imprisonment of 5 years 6 months consisting of a non-parole period of 3 years 2 months commencing on 29 November 2007 and expiring on 28 January 2011 with a balance of term of 2 years 4 months commencing on 29...