Regina v S Griggs [1999] NSWCCA 398

Regina v S Griggs [1999] NSWCCA 398

Having regard to the circumstances delineated in the judgment of 23 November 1999 and the determination of the Court on that occasion, a less severe sentence was warranted in law; the sentence imposed by the Hornsby Local Court should therefore be quashed and replaced with a fixed term of imprisonment of 10 months.

Jurisdiction
Australia
Judgment Date
07 December 1999
Procedural Posture
Criminal Appeal Against Sentence / Court of Criminal Appeal, Referred From Supreme Court Pursuant to Section 474 (e) of the Crimes Act 1900 to Be Dealt With as an Appeal
Outcome
Appeal allowed; sentence quashed; appellant re-sentenced to a fixed term of imprisonment of 10 months commencing on 9 February 1999 and expiring on 8 December 1999.
Legal Topics
['breach of Recognizance' 'local Court Sentence' 'inquiry Into Sentence' 'less Severe Sentence']
['criminal Law' 'sentencing' 'criminal Procedure'] ['breach of Recognizance' 'local Court Sentence' 'inquiry Into Sentence' 'less Severe Sentence']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Court of Criminal Appeal, Referred From Supreme Court Pursuant to Section 474 (e) of the Crimes Act 1900 to Be Dealt With as an Appeal

Legal Issues

  1. 1 ['Whether a less severe sentence than the sentence imposed by the Hornsby Local Court on 24 March 1999 was warranted in law.']

Ratio Decidendi

Having regard to the circumstances delineated in the judgment of 23 November 1999 and the determination of the Court on that occasion, a less severe sentence was warranted in law; the sentence imposed by the Hornsby Local Court should therefore be quashed and replaced with a fixed term of imprisonment of 10 months.

Court Disposition

Appeal allowed; sentence quashed; appellant re-sentenced to a fixed term of imprisonment of 10 months commencing on 9 February 1999 and expiring on 8 December 1999.

Orders

  • ['Appeal allowed.' 'Sentence imposed by the Hornsby Local Court, on 24 March 1999, for breach of recognizance, quashed.' 'Appellant sentenced to a fixed term of imprisonment of 10 months commencing on 9 February 1999 and expiring on 8 December 1999.']