R v Les FERENC [2009] NSWCCA 126

R v Les FERENC [2009] NSWCCA 126

The sentence was manifestly inadequate because the judge erred in assessing the seriousness of the offence, placing undue weight on mitigating factors, underemphasizing the respondent's prior record and offending on parole, and failing to reflect principles of specific and general deterrence; as a result, the Court...

Source-derived case information.

Parties
Appellant: Regina; Respondent: Les Ferenc
Jurisdiction
Australia
Judgment Date
23 April 2009
Procedural Posture
Crown Appeal Against Sentence / Judgment on Appeal; Resentencing
Outcome
Appeal allowed; sentence quashed; respondent resentenced
Legal Topics
Crown Appeals on Sentence, Aggravated Robbery, Parole, Sentencing Principles, Manifest Inadequacy
Criminal Law Crown Appeals on Sentence Aggravated Robbery Parole Sentencing Principles Manifest Inadequacy

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Parties

Regina

Appellant

Les Ferenc

Respondent

Procedural Posture

Crown Appeal Against Sentence / Judgment on Appeal; Resentencing

Legal Issues

  1. 1 Whether the sentencing judge erred in assessing the offence as low range
  2. 2 Whether the sentence was manifestly inadequate
  3. 3 Whether the sentence should have been concurrent with the balance of parole

Ratio Decidendi

The sentence was manifestly inadequate because the judge erred in assessing the seriousness of the offence, placing undue weight on mitigating factors, underemphasizing the respondent's prior record and offending on parole, and failing to reflect principles of specific and general deterrence; as a result, the Court quashed the sentence and resentenced the respondent to a more appropriate term of imprisonment.

Court Disposition

Appeal allowed; sentence quashed; respondent resentenced

Orders

  • The appeal is allowed and the sentence imposed in the District Court is quashed.
  • The respondent is sentenced to a term of imprisonment of 4 years 3 months.