Paterson v R [2021] NSWCCA 273

Paterson v R [2021] NSWCCA 273

The sentencing judge’s characterisation of the applicant's conduct as at the highest end of culpability was not supported by the facts and resulted in a manifestly excessive sentence when compared to sentencing statistics and case law; accordingly, the appeal should be allowed and a lower, though still substantial, sentence imposed reflecting both the gravity of the offence and personal circumstances.

Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Criminal Appeal / Application for Leave and Appeal Against Sentence
Outcome
Appeal allowed; sentence set aside; applicant re-sentenced.
Legal Topics
['manslaughter' 'unlawful and Dangerous Act' 'sentencing' 'objective Seriousness' 'moral Culpability' 'parity Between Co Offenders' 'manifest Excess' 're Sentencing']
['criminal Law'] ['manslaughter' 'unlawful and Dangerous Act' 'sentencing' 'objective Seriousness' 'moral Culpability' 'parity Between Co Offenders' 'manifest Excess' 're Sentencing']

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Procedural Posture

Criminal Appeal / Application for Leave and Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred in characterising the offence as at the 'highest end of culpability'" 'Whether the sentence was manifestly excessive' 'Whether there was an unjustified disparity between sentences imposed on co-offenders']

Ratio Decidendi

The sentencing judge’s characterisation of the applicant's conduct as at the highest end of culpability was not supported by the facts and resulted in a manifestly excessive sentence when compared to sentencing statistics and case law; accordingly, the appeal should be allowed and a lower, though still substantial, sentence imposed reflecting both the gravity of the offence and personal circumstances.

Court Disposition

Appeal allowed; sentence set aside; applicant re-sentenced.

Orders

  • ['The applicant be granted leave to appeal from the sentence imposed by Rothman J on 12 March 2020.' 'Appeal allowed.' 'Set aside the sentence.' 'In lieu thereof: (a) The applicant is sentenced to a term of imprisonment comprising a non-parole period of 9 years commencing on 7 August 2017 and a balance of the term...