R v SS [2021] NSWCCA 56

R v SS [2021] NSWCCA 56

The sentence imposed by the District Court was manifestly inadequate due to an erroneous assessment of the objective seriousness of the offence, improper allowance of a further Ellis discount for admissions, and failure to comply with the mandatory requirements of s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW); resentencing was warranted to reflect proper principles, resulting in a total term of 4 years and 6 months imprisonment with a non-parole period of 3 years.

Parties
Appellant: Regina; Respondent: SS
Jurisdiction
Australia
Judgment Date
09 April 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Crown appeal allowed; sentence quashed and respondent resentenced.
Legal Topics
Appeal Against Sentence, Sentencing Principles, Objective Seriousness, Assistance to Authorities, Children Victims, Manifest Inadequacy
Criminal Law Appeal Against Sentence Sentencing Principles Objective Seriousness Assistance to Authorities Children Victims Manifest Inadequacy

Case Brief

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Parties

Regina

Appellant

SS

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed by the District Court for recklessly causing grievous bodily harm was manifestly inadequate
  2. 2 Whether an additional sentencing discount for admissions to police (Ellis discount) was properly applied
  3. 3 Whether the requirements of s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW) were complied with when granting any discount for assistance to authorities

Ratio Decidendi

The sentence imposed by the District Court was manifestly inadequate due to an erroneous assessment of the objective seriousness of the offence, improper allowance of a further Ellis discount for admissions, and failure to comply with the mandatory requirements of s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW); resentencing was warranted to reflect proper principles, resulting in a total term of 4 years and 6 months imprisonment with a non-parole period of 3 years.

Court Disposition

Crown appeal allowed; sentence quashed and respondent resentenced.

Orders

  • Quash the sentence imposed in the District Court on 17 August 2020 and in lieu, sentence the respondent to imprisonment with a non-parole period of 3 years and a balance of 1 year and 6 months, total sentence of 4 years and 6 months, dated from 14 August 2020; eligible for parole on 13 August 2023.
  • Revoke the non-publication and suppression orders made in the District Court on 14 August 2020.