R v Richard Fojt [2011] NSWCCA 20

R v Richard Fojt [2011] NSWCCA 20

The original sentences imposed were manifestly inadequate in light of the offences' seriousness, and the sentencing judge's findings—although open to her—did not justify the degree of leniency. A revised sentence properly reflects the objective and subjective circumstances, applies an appropriate discount for an early plea, and aligns with the legislative guideposts for offences of this kind.

Parties
Crown: Regina; Respondent: Richard Fojt
Jurisdiction
Australia
Judgment Date
25 February 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence set aside and replaced with new sentence.
Legal Topics
Appeal Against Sentence, Aggravated Break and Enter, Reckless Wounding, Objective Seriousness of the Offence, Standard Non Parole Period, Totality Principle, Manifest Inadequacy of Sentence
Criminal Law Appeal Against Sentence Aggravated Break and Enter Reckless Wounding Objective Seriousness of the Offence Standard Non Parole Period Totality Principle Manifest Inadequacy of Sentence

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Parties

Regina

Crown

Richard Fojt

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to determine the objective seriousness of the offences
  2. 2 Whether the finding of objective seriousness was erroneously below mid-range
  3. 3 Whether adequate regard was had to the standard non-parole period

Ratio Decidendi

The original sentences imposed were manifestly inadequate in light of the offences' seriousness, and the sentencing judge's findings—although open to her—did not justify the degree of leniency. A revised sentence properly reflects the objective and subjective circumstances, applies an appropriate discount for an early plea, and aligns with the legislative guideposts for offences of this kind.

Court Disposition

Appeal allowed; sentence set aside and replaced with new sentence.

Orders

  • Appeal allowed.
  • Set aside the sentence imposed in the District Court of NSW by English DCJ on 9 July 2010.