Stines v R [2020] NSWCCA 228

Stines v R [2020] NSWCCA 228

The partial accumulation of sentences resulted in a distorted and excessive ratio between the total non-parole period and head sentence, and the overall sentence imposed was manifestly excessive. The proper approach was to maintain the head sentence and internal ratio, but adjust the commencement date to achieve a statutory ratio of 75%, resulting in a more appropriate balance between mandatory incarceration and parole.

Parties
Applicant: Robert Stines; Respondent: Regina
Jurisdiction
Australia
Judgment Date
11 September 2020
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Appellate Decision
Outcome
Appeal upheld; leave granted; sentence quashed; applicant re-sentenced
Legal Topics
Appeal Against Sentence, Cumulation and Concurrence of Sentences, Ratio of Non Parole Period to Head Sentence, Intellectual Disability as Subjective Consideration
Criminal Law Appeal Against Sentence Cumulation and Concurrence of Sentences Ratio of Non Parole Period to Head Sentence Intellectual Disability as Subjective Consideration

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Parties

Robert Stines

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Appellate Decision

Legal Issues

  1. 1 Whether the sentencing judge erred in determining the non-parole period
  2. 2 Whether the cumulation of sentences produced a manifestly excessive overall sentence ratio
  3. 3 Appropriate adjustment of the commencement date for the sentence

Ratio Decidendi

The partial accumulation of sentences resulted in a distorted and excessive ratio between the total non-parole period and head sentence, and the overall sentence imposed was manifestly excessive. The proper approach was to maintain the head sentence and internal ratio, but adjust the commencement date to achieve a statutory ratio of 75%, resulting in a more appropriate balance between mandatory incarceration and parole.

Court Disposition

Appeal upheld; leave granted; sentence quashed; applicant re-sentenced

Orders

  • Grant leave to appeal
  • Uphold the appeal