R v Barton [2001] NSWCCA 63

R v Barton [2001] NSWCCA 63

The original sentences imposed were manifestly inadequate as they failed to give proper consideration to the seriousness of the principal offences and Form 1 matters; consequently, the appellate court set aside the sentences and resentenced the respondent to terms that more appropriately reflected the overall criminality, the seriousness of the offences, the need for deterrence, assistance given to authorities, and other mitigating factors.

Parties
Appellant: Regina; Respondent: Kevin Anthony Barton
Jurisdiction
Australia
Judgment Date
05 March 2001
Procedural Posture
Crown Appeal Against Sentence / Judgment on Appeal
Outcome
Crown appeal allowed; sentences set aside; respondent resentenced.
Legal Topics
Sentencing, Crown Appeals, Taking Offences Into Account (form 1), Deterrence, Mitigating Factors, Double Jeopardy, Assistance to Authorities
Criminal Law Sentencing Crown Appeals Taking Offences Into Account (form 1) Deterrence Mitigating Factors Double Jeopardy Assistance to Authorities

Case Brief

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Parties

Regina

Appellant

Kevin Anthony Barton

Respondent

Procedural Posture

Crown Appeal Against Sentence / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentencing judge gave inadequate weight to the seriousness of the substantive offences and offences on Form 1
  2. 2 Whether special circumstances justified a lesser sentence or parole period
  3. 3 Appropriate influence of offences listed on Form 1 on principal sentence

Ratio Decidendi

The original sentences imposed were manifestly inadequate as they failed to give proper consideration to the seriousness of the principal offences and Form 1 matters; consequently, the appellate court set aside the sentences and resentenced the respondent to terms that more appropriately reflected the overall criminality, the seriousness of the offences, the need for deterrence, assistance given to authorities, and other mitigating factors.

Court Disposition

Crown appeal allowed; sentences set aside; respondent resentenced.

Orders

  • Sentence of three years’ imprisonment for break, enter and steal (s 112), commencing 5 September 1999 to expire 4 September 2002;
  • Sentence of six years’ imprisonment for s 33B(a) and Form 1 matters, commencing 5 September 1999 to expire 4 September 2005, with a non-parole period of three years ending 4 September 2002;