R v Sam Hill [2004] NSWCCA 257

R v Sam Hill [2004] NSWCCA 257

No error was shown in the refusal to find special circumstances or in the sentencing judge's approach to totality given the seriousness, planning, amount obtained, number of victims, Form 1 matters and the applicant's prior criminal record. However, the sentencing judge miscalculated the overall non-parole period and the orders were adjusted to reflect the intended proportion and the 70 days already spent in custody.

Jurisdiction
Australia
Judgment Date
30 July 2004
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal allowed in part.
Legal Topics
['obtain Benefit by Deception' 'special Circumstances' 'totality Principle' 'non Parole Period' 'form 1 Offences']
['criminal Law' 'sentencing'] ['obtain Benefit by Deception' 'special Circumstances' 'totality Principle' 'non Parole Period' 'form 1 Offences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in not finding "special circumstances" under s 44 Crimes (Sentencing Procedure) Act 1999.' 'Whether the sentencing judge erred by wholly accumulating the second sentence upon the first and failing to give proper effect to the principle of totality.' 'Whether the non-parole period and commencement dates required correction to reflect the intended statutory proportion and pre-sentence custody.']

Ratio Decidendi

No error was shown in the refusal to find special circumstances or in the sentencing judge's approach to totality given the seriousness, planning, amount obtained, number of victims, Form 1 matters and the applicant's prior criminal record. However, the sentencing judge miscalculated the overall non-parole period and the orders were adjusted to reflect the intended proportion and the 70 days already spent in custody.

Court Disposition

Leave to appeal against sentence granted; appeal allowed in part.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal allowed (in part).' 'In respect of count 1, the appeal is dismissed but the head sentence and non-parole period will each now commence on 13 March 2003. The head sentence will expire on 12 November 2005 and the non-parole period will expire on 12 March 2005.' 'In...