R v Zycki [2024] NSWCCA 9

Because an offence punishable by life imprisonment was erroneously taken into account on the Form 1, contrary to statute, the sentencing process miscarried and the matter must be remitted for resentencing.

Jurisdiction: Australia
Judgment Date: 14 February 2024
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: Appeal allowed; sentence quashed; matter remitted for resentencing
Legal Topics: ['sentencing' 'crown Appeal' 'error in Sentencing Process' 'form 1 Offences' 'life Imprisonment Offences']

['criminal Law'] ['sentencing' 'crown Appeal' 'error in Sentencing Process' 'form 1 Offences' 'life Imprisonment Offences']

Case Brief

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

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 ['Whether the sentencing process miscarried by taking into account on the Form 1 an offence carrying a life sentence contrary to s 33(4)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW)']

Ratio Decidendi

Court Disposition

Appeal allowed; sentence quashed; matter remitted for resentencing

Orders

['The appeal is allowed.' 'The sentence imposed in the District Court on 6 October 2023 is quashed.' 'Pursuant to s 12(2) of the Criminal Appeal Act 1912 (NSW) the matter is remitted to the District Court for resentencing.' 'The matter is listed for mention in the Sydney District Court arraignment list at 9:30am on...