RAAD v R [2011] NSWCCA 138

RAAD v R [2011] NSWCCA 138

The sentence imposed at first instance was quashed due to significant errors in law: reliance on sentencing statistics to establish a starting point and inadequate allowance for the Ellis factors. A new sentence comprising a total term of 12 years, with a non-parole period of 9 years, was substituted, reflecting the appropriate leniency for voluntary disclosure and circumstances of the offence.

Jurisdiction
Australia
Judgment Date
10 August 2011
Procedural Posture
Criminal Appeal / Leave to Appeal, Re Sentencing
Outcome
Appeal allowed; leave granted; sentence quashed; new sentence imposed with revised non-parole period.
Legal Topics
['sentencing' 'felony Murder' 'armed Robbery' 'voluntary Disclosure' 'special Circumstances' 'leniency' 'parole Eligibility']
['criminal Law'] ['sentencing' 'felony Murder' 'armed Robbery' 'voluntary Disclosure' 'special Circumstances' 'leniency' 'parole Eligibility']

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Procedural Posture

Criminal Appeal / Leave to Appeal, Re Sentencing

Legal Issues

  1. 1 ["Whether insufficient weight was given to applicant's voluntary disclosure of guilt" 'Whether there were special circumstances warranting variation of the statutory ratio between the overall sentence and parole period' "Appropriateness of the sentencing judge's reliance on sentencing statistics" 'Adequacy of discount for Ellis factors']

Ratio Decidendi

The sentence imposed at first instance was quashed due to significant errors in law: reliance on sentencing statistics to establish a starting point and inadequate allowance for the Ellis factors. A new sentence comprising a total term of 12 years, with a non-parole period of 9 years, was substituted, reflecting the appropriate leniency for voluntary disclosure and circumstances of the offence.

Court Disposition

Appeal allowed; leave granted; sentence quashed; new sentence imposed with revised non-parole period.

Orders

  • ['Grant leave to appeal.' 'Allow the appeal and quash the sentence imposed at first instance.' 'Substitute a sentence comprising a non-parole period of 9 years commencing on 7 February 2008 and expiring on 6 February 2017 and a balance of term of 3 years expiring on 6 February 2020.' 'Applicant eligible for parole...