Robert Edwin DONN v R [2010] NSWCCA 20

Robert Edwin DONN v R [2010] NSWCCA 20

The effective non-parole period of 5 years was excessive and failed to give proper effect to the finding of special circumstances, particularly the applicant’s mental illness and the need for a longer period of parole supervision to foster rehabilitation. Consequently, the sentence on the second count was quashed and restructured to reduce the non-parole period, while maintaining an appropriately severe head sentence.

Parties
Applicant: Robert Edwin Donn; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 March 2010
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal Against Sentence
Outcome
Leave to appeal granted, appeal allowed in part.
Legal Topics
Appeal Against Sentence, Aggravated Attempted Break and Enter With Intent, Aggravated Break, Enter and Steal, Special Circumstances in Sentencing, Parity With Co Offenders, Effect of Mental Illness on Sentence
Criminal Law Appeal Against Sentence Aggravated Attempted Break and Enter With Intent Aggravated Break, Enter and Steal Special Circumstances in Sentencing Parity With Co Offenders Effect of Mental Illness on Sentence

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Parties

Robert Edwin Donn

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge gave adequate weight to the applicant's mental condition
  2. 2 Whether proper regard was given to parity with sentences of co-offenders
  3. 3 Whether the sentencing judge gave effect to a finding of special circumstances

Ratio Decidendi

The effective non-parole period of 5 years was excessive and failed to give proper effect to the finding of special circumstances, particularly the applicant’s mental illness and the need for a longer period of parole supervision to foster rehabilitation. Consequently, the sentence on the second count was quashed and restructured to reduce the non-parole period, while maintaining an appropriately severe head sentence.

Court Disposition

Leave to appeal granted, appeal allowed in part.

Orders

  • Sentence on first count confirmed.
  • Sentence on second count quashed.