R v Farrell [2014] NSWCCA 30

R v Farrell [2014] NSWCCA 30

The sentencing discretion miscarried because the judge too hastily made a s 11 order without measured consideration of the gravity of the firearms offence and Form 1 matters, wrongly concluded on the evidence that deferral and bail were necessary for surgery, and deferred sentence for further rehabilitation where...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 March 2014
Procedural Posture
Criminal Crown Appeal Against Sentence / Appeal to the Court of Criminal Appeal From a District Court Order Adjourning Sentence and Granting Bail Under S 11 of the Crimes (sentencing Procedure) Act 1999 (nsw)
Outcome
Crown appeal dismissed in the exercise of residual discretion despite error being established.
Legal Topics
['crown Appeal Against Sentence' 'manifest Inadequacy' 'deferral of Sentencing Under S 11' 'firearms Offences' 'rehabilitation' 'residual Discretion']
['criminal Law' 'sentencing' 'criminal Appeals'] ['crown Appeal Against Sentence' 'manifest Inadequacy' 'deferral of Sentencing Under S 11' 'firearms Offences' 'rehabilitation' 'residual Discretion']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Crown Appeal Against Sentence / Appeal to the Court of Criminal Appeal From a District Court Order Adjourning Sentence and Granting Bail Under S 11 of the Crimes (sentencing Procedure) Act 1999 (nsw)

Legal Issues

  1. 1 ['Whether an order adjourning proceedings and granting bail under s 11 of the Crimes (Sentencing Procedure) Act 1999 (NSW) was amenable to a Crown appeal under s 5D of the Criminal Appeal Act 1912 (NSW).' 'Whether failing to impose sentence and instead making a s 11 order was manifestly inadequate in the circumstances of a serious firearms offence.' 'Whether the need for hand surgery justified deferral of sentence under s 11.' 'Whether further supervised rehabilitation outside custody justified deferral of sentence under s 11.' 'Whether, despite error, the Court should exercise its residual discretion to dismiss the Crown appeal.']

Ratio Decidendi

The sentencing discretion miscarried because the judge too hastily made a s 11 order without measured consideration of the gravity of the firearms offence and Form 1 matters, wrongly concluded on the evidence that deferral and bail were necessary for surgery, and deferred sentence for further rehabilitation where ample material already existed to assess rehabilitation prospects. However, the Court dismissed the Crown appeal in the residual discretion because the matter was already listed to return before the District Court shortly and no practical benefit would be achieved by the orders sought.

Court Disposition

Crown appeal dismissed in the exercise of residual discretion despite error being established.

Orders

  • ['Crown appeal dismissed.']