REGINA v LEONARD WILLIAM HOSKINS [2004] NSWCCA 236

REGINA v LEONARD WILLIAM HOSKINS [2004] NSWCCA 236

The sentence imposed was manifestly inadequate due to an excessive discount for assistance constituted only by partial admissions, undue weight to subjective factors, inadequate weight to objective criminality and deterrence, and improper concurrency of the new sentence with the pre-existing sentence; thus, the appeal was allowed, the sentence set aside, and a resentence imposed in line with principles for Crown appeals.

Jurisdiction
Australia
Judgment Date
14 July 2004
Procedural Posture
Crown Appeal Against Sentence / Appeal and Re Sentencing
Outcome
Appeal allowed; sentence set aside; respondent re-sentenced
Legal Topics
['sentencing' 'manifest Inadequacy' 'discount for Plea' 'assistance to Authorities' 'assault by Inmate' 'concurrence of Sentences' 'crimes Act 1900 S33' 'crimes (sentencing Procedure) Act 1999 S56']
['criminal Law'] ['sentencing' 'manifest Inadequacy' 'discount for Plea' 'assistance to Authorities' 'assault by Inmate' 'concurrence of Sentences' 'crimes Act 1900 S33' 'crimes (sentencing Procedure) Act 1999 S56']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Appeal and Re Sentencing

Legal Issues

  1. 1 ['Whether sentence imposed was manifestly inadequate' 'Whether the sentencing judge erred in allowing an additional discount for assistance to authorities constituted by partial admissions only' 'Whether concurrency of sentences rather than head sentence made the sentence inadequate' 'Whether insufficient weight was given to the need for deterrence']

Ratio Decidendi

The sentence imposed was manifestly inadequate due to an excessive discount for assistance constituted only by partial admissions, undue weight to subjective factors, inadequate weight to objective criminality and deterrence, and improper concurrency of the new sentence with the pre-existing sentence; thus, the appeal was allowed, the sentence set aside, and a resentence imposed in line with principles for Crown appeals.

Court Disposition

Appeal allowed; sentence set aside; respondent re-sentenced

Orders

  • ['Appeal allowed.' 'Sentences imposed in the District Court on 14 November 2003 are set aside.' 'The respondent is sentenced to imprisonment for 6 years to date from 14 November 2004 which sentence is to expire on 13 November 2010. A non-parole period of 4 years is fixed to date from 14 November 2004 and to expire...