Bickley v R [2018] NSWCCA 153

Bickley v R [2018] NSWCCA 153

It was clearly open to the sentencing judge to decline to defer sentencing under s 11 given the objective seriousness of the offence, the applicant's criminal history, his offending while on bail, and his history of breaching conditional orders. The sentence of 3 years imprisonment with a non-parole period of 1 year 9 months, after a 25 per cent discount for the early guilty plea, was not unreasonable or plainly unjust having regard to the legislative guideposts, aggravating and mitigating factors, and sentencing statistics.

Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['aggravated Break and Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'deferral of Sentencing for Rehabilitation' 'manifest Excess' 'early Guilty Plea Discount']
['criminal Law' 'sentencing'] ['aggravated Break and Enter and Commit Serious Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'deferral of Sentencing for Rehabilitation' 'manifest Excess' 'early Guilty Plea Discount']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge erred in assessing the applicant's prospects of rehabilitation." 'Whether the sentencing judge failed to consider the family circumstances surrounding the offence and the victim.' 'Whether the Court could consider character references not provided to the sentencing judge.' 'Whether the sentencing judge erred in failing to adjourn the proceeding under s 11 of the Crimes (Sentencing Procedure) Act 1999 (NSW) to allow the applicant to attend rehabilitation before sentencing.' 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

It was clearly open to the sentencing judge to decline to defer sentencing under s 11 given the objective seriousness of the offence, the applicant's criminal history, his offending while on bail, and his history of breaching conditional orders. The sentence of 3 years imprisonment with a non-parole period of 1 year 9 months, after a 25 per cent discount for the early guilty plea, was not unreasonable or plainly unjust having regard to the legislative guideposts, aggravating and mitigating factors, and sentencing statistics.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']