Regina v Griggs [1999] NSWCCA 381

Regina v Griggs [1999] NSWCCA 381

Because the sentencing judge did not take into account that, had the receiving matter proceeded in the Local Court, the maximum penalty would have been 12 months' imprisonment or a fine of 50 penalty units or both, rather than the 10-year maximum in the District Court, the sentencing discretion miscarried. Justice required intervention, leave to appeal was granted, the sentence was set aside, and a lesser sentence was imposed.

Jurisdiction
Australia
Judgment Date
23 November 1999
Procedural Posture
Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal; Appeal Against Conviction Abandoned.
Outcome
Application for extension of time and leave to appeal against sentence granted; appeal against sentence allowed; original sentence set aside; applicant resentenced to a lesser term of penal servitude with parole conditions and compensation ordered.
Legal Topics
['receiving Stolen Goods' 'relevance of Lesser Maximum Penalty Under Alternative Summary Proceedings' 'extension of Time for Leave to Appeal' 'leave to Appeal Against Sentence' 'resentencing']
['criminal Law' 'sentencing' 'criminal Procedure'] ['receiving Stolen Goods' 'relevance of Lesser Maximum Penalty Under Alternative Summary Proceedings' 'extension of Time for Leave to Appeal' 'leave to Appeal Against Sentence' 'resentencing']

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

Criminal Appeal Against Sentence / Application for Extension of Time and Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal; Appeal Against Conviction Abandoned.

Legal Issues

  1. 1 ['Whether the sentencing judge failed to take into account the lower maximum penalty that would have applied if the receiving charge had been dealt with in the Local Court.' 'Whether that failure warranted leave to appeal and a different, lesser sentence.' 'What sentence should be imposed on resentencing.']

Ratio Decidendi

Because the sentencing judge did not take into account that, had the receiving matter proceeded in the Local Court, the maximum penalty would have been 12 months' imprisonment or a fine of 50 penalty units or both, rather than the 10-year maximum in the District Court, the sentencing discretion miscarried. Justice required intervention, leave to appeal was granted, the sentence was set aside, and a lesser sentence was imposed.

Court Disposition

Application for extension of time and leave to appeal against sentence granted; appeal against sentence allowed; original sentence set aside; applicant resentenced to a lesser term of penal servitude with parole conditions and compensation ordered.

Orders

  • ['Grant application for extension of time for leave to appeal against sentence.' 'Grant leave to appeal against sentence.' 'Appeal against sentence allowed and sentence set aside.' 'The applicant resentenced to a term of penal servitude of one year and six months consisting of a minimum term of ten months commencing...