R v McHarg [2011] NSWCCA 115

R v McHarg [2011] NSWCCA 115

The sentence imposed for reckless wounding in company was manifestly inadequate having regard to the objective seriousness (planned group violence, repeat offending on conditional liberty, use of weapons), and the total sentence for that offence must be increased to a non-parole period of two years and six months. However, the structuring of the other sentences and their accumulation was not in error, being lenient but within discretion, and thus no further adjustment to overall concurrency/accumulation was warranted. The Crown appeal therefore succeeds on the inadequacy of the third count's sentence only.

Jurisdiction
Australia
Judgment Date
25 May 2011
Procedural Posture
Crown Appeal Against Sentence / Appeal Determination and Resentencing
Outcome
Crown appeal allowed in respect of third count only; sentence for third count quashed and replaced; other sentences unaltered except for variation to sentence dates for fourth offence under slip rule.
Legal Topics
['sentencing' 'crown Appeal' 'violent Offences' 'youthful Offenders' 'conditional Liberty' 'reckless Wounding in Company' 'robbery in Company' 'totality' 'manifest Inadequacy' 'personal and General Deterrence']
['criminal Law'] ['sentencing' 'crown Appeal' 'violent Offences' 'youthful Offenders' 'conditional Liberty' 'reckless Wounding in Company' 'robbery in Company' 'totality' 'manifest Inadequacy' 'personal and General Deterrence']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Appeal Determination and Resentencing

Legal Issues

  1. 1 ['Whether sentences for reckless wounding in company and total effective sentences for all offences were manifestly inadequate' 'Proper regard to standard non-parole period' 'Approach to accumulation/concurrency for multiple offences of violence by a young offender']

Ratio Decidendi

The sentence imposed for reckless wounding in company was manifestly inadequate having regard to the objective seriousness (planned group violence, repeat offending on conditional liberty, use of weapons), and the total sentence for that offence must be increased to a non-parole period of two years and six months. However, the structuring of the other sentences and their accumulation was not in error, being lenient but within discretion, and thus no further adjustment to overall concurrency/accumulation was warranted. The Crown appeal therefore succeeds on the inadequacy of the third count's sentence only.

Court Disposition

Crown appeal allowed in respect of third count only; sentence for third count quashed and replaced; other sentences unaltered except for variation to sentence dates for fourth offence under slip rule.

Orders

  • ['Crown appeal allowed only as to the third count (reckless wounding in company)' 'Sentence for third count imposed at Parramatta District Court on 24 September 2010 quashed' 'In lieu thereof, Respondent sentenced for third offence to non-parole period of two years and six months (27 Jan 2011 - 26 Jul 2013), with...