R v Burton [2008] NSWCCA 128

R v Burton [2008] NSWCCA 128

The Court found that the original sentences were manifestly inadequate and wrong in principle, particularly as to the assessment of the influencing witness offence, accumulation/concurrency, and the seriousness of the offending, warranting intervention and resentencing with more substantial custodial terms to reflect deterrence, denunciation, and the objective seriousness of the conduct.

Parties
Appellant: Regina; Respondent: Michael Anthony Burton
Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Crown Appeal Against Sentence / Judgment on Appeal and Resentencing
Outcome
Crown appeal allowed; sentences of the District Court quashed and Respondent resentenced to longer custodial terms.
Legal Topics
Sentencing, Domestic Violence, Crown Appeal, Public Justice Offences, Detain for Advantage, Assault Occasioning Actual Bodily Harm, Common Assault, Influencing Witness, Manifest Inadequacy, Accumulation and Concurrency, Deterrence, Rehabilitation, Parole
Criminal Law Sentencing Domestic Violence Crown Appeal Public Justice Offences Detain for Advantage Assault Occasioning Actual Bodily Harm Common Assault +6 more

Case Brief

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Parties

Regina

Appellant

Michael Anthony Burton

Respondent

Procedural Posture

Crown Appeal Against Sentence / Judgment on Appeal and Resentencing

Legal Issues

  1. 1 Whether the sentences imposed were manifestly inadequate
  2. 2 Whether specific error occurred in the assessment of the witness influencing offence (s.323(a) Crimes Act 1900)
  3. 3 Whether sentencing principles regarding concurrency, accumulation, deterrence, and denunciation were properly applied

Ratio Decidendi

The Court found that the original sentences were manifestly inadequate and wrong in principle, particularly as to the assessment of the influencing witness offence, accumulation/concurrency, and the seriousness of the offending, warranting intervention and resentencing with more substantial custodial terms to reflect deterrence, denunciation, and the objective seriousness of the conduct.

Court Disposition

Crown appeal allowed; sentences of the District Court quashed and Respondent resentenced to longer custodial terms.

Orders

  • Sentences imposed in the District Court quashed.
  • Respondent sentenced as follows: Count 1 - 6 months imprisonment (18 Apr 2007 to 17 Oct 2007); Count 2 - 9 months imprisonment (18 Oct 2007 to 17 Jul 2008); Count 3 - 9 months imprisonment (18 Jan 2008 to 17 Oct 2008); Count 4 - 18 months imprisonment (18 Jan 2008 to 17 Jul 2009); Count 5 - imprisonment with...