IRWIN, Scott Anthony v R [2008] NSWCCA 7

IRWIN, Scott Anthony v R [2008] NSWCCA 7

The applicant was entitled to an additional sentencing reduction for disclosure of otherwise unknown offending beyond what had been allowed at first instance. The sentencing judge did not misapply the totality principle but failed to accord the proper Ellis discount due to incorrect information supplied regarding the offences for which guilt was acknowledged. Adjustments to individual sentences allowed justice in light of the sentencing structure.

Jurisdiction
Australia
Judgment Date
19 February 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed in part.
Legal Topics
['sentencing' 'totality Principle' 'discount for Acknowledgement of Previously Unknown Guilt']
['criminal Law'] ['sentencing' 'totality Principle' 'discount for Acknowledgement of Previously Unknown Guilt']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 ['Misapplication of totality principle in sentencing where offences committed interstate' 'Entitlement to sentencing discount for disclosure of otherwise unknown offences']

Ratio Decidendi

The applicant was entitled to an additional sentencing reduction for disclosure of otherwise unknown offending beyond what had been allowed at first instance. The sentencing judge did not misapply the totality principle but failed to accord the proper Ellis discount due to incorrect information supplied regarding the offences for which guilt was acknowledged. Adjustments to individual sentences allowed justice in light of the sentencing structure.

Court Disposition

Leave to appeal granted; appeal allowed in part.

Orders

  • ['Sentence imposed by the sentencing judge for offence 2 quashed and applicant sentenced to a non-parole period of one year nine months commencing 4 March 2006 and expiring 3 December 2007 and a parole period of seven months.' 'Sentence imposed by sentencing judge for offence 7 quashed and applicant sentenced to a...