R v HILL [1999] NSWCCA 140

R v HILL [1999] NSWCCA 140

Although the offences were numerous and serious and were aggravated by the applicant committing them while subject to a recognisance and bail, the five year effective sentence was inappropriate because insufficient weight was given to the applicant's youth and the strong evidence that he had already begun rehabilitation; some weight was also due to his voluntary confession. The sentences for breaking, entering and stealing were therefore quashed and replaced with concurrent four year sentences with a two year minimum term and two year additional term.

Jurisdiction
Australia
Judgment Date
28 May 1999
Procedural Posture
Criminal Sentencing Appeal; Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment After District Court Sentence
Outcome
Leave to appeal granted; appeal allowed; ten sentences on breaking, entering and stealing offences quashed; sentences imposed in lieu.
Legal Topics
['breaking, Entering and Stealing' 'receiving Stolen Property' 'manifest Excess' 'youthful Offenders' 'rehabilitation' 'voluntary Confession' 'parole and Minimum Term']
['criminal Law' 'sentencing'] ['breaking, Entering and Stealing' 'receiving Stolen Property' 'manifest Excess' 'youthful Offenders' 'rehabilitation' 'voluntary Confession' 'parole and Minimum Term']

Case Brief

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Procedural Posture

Criminal Sentencing Appeal; Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment After District Court Sentence

Legal Issues

  1. 1 ['Whether the sentences for the breaking, entering and stealing offences were manifestly excessive by comparison with Judicial Commission sentencing statistics.' "Whether insufficient weight was given to the applicant's youth and prospects of rehabilitation." 'Whether insufficient weight was given to the applicant voluntarily attending the police station and confessing to offences.' 'Whether special circumstances justified an effective additional term exceeding one-third of the minimum term.']

Ratio Decidendi

Although the offences were numerous and serious and were aggravated by the applicant committing them while subject to a recognisance and bail, the five year effective sentence was inappropriate because insufficient weight was given to the applicant's youth and the strong evidence that he had already begun rehabilitation; some weight was also due to his voluntary confession. The sentences for breaking, entering and stealing were therefore quashed and replaced with concurrent four year sentences with a two year minimum term and two year additional term.

Court Disposition

Leave to appeal granted; appeal allowed; ten sentences on breaking, entering and stealing offences quashed; sentences imposed in lieu.

Orders

  • ['Leave granted to appeal against the sentences.' 'Appeal allowed.' 'The ten sentences on the breaking, entering and stealing offences are quashed.' "In lieu, the appellant is sentenced to ten concurrent sentences, each of four years' penal servitude commencing on 11 August 1998, each comprising a minimum term of...