R v Hayes [2002] NSWCCA 237

R v Hayes [2002] NSWCCA 237

Although a sentence of 4 years with a 3 year non-parole period was not inherently excessive for a night-time armed robbery of a service station using a blood filled syringe, the sentencing judge's undisclosed starting point must have been in excess of 7 years after allowing the discounts, which was excessive even allowing for aggravating factors. The sentencing judge also failed to allow credit for 34 days previously spent in custody. On resentencing, a starting point of 6 years, reduced by the 45 percent total discounts allowed below, produced a head sentence of approximately 3 years and 4 months; special circumstances justified a non-parole period of 2 years and 2 months.

Jurisdiction
Australia
Judgment Date
18 June 2002
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal upheld; sentence quashed; applicant re-sentenced.
Legal Topics
['armed Robbery' 'blood Filled Syringe' 'guilty Plea' 'assistance to Authorities' 'guideline Judgments' 'general Deterrence' 'special Circumstances' 'non Parole Period' 'resentencing']
['criminal Law' 'sentencing'] ['armed Robbery' 'blood Filled Syringe' 'guilty Plea' 'assistance to Authorities' 'guideline Judgments' 'general Deterrence' 'special Circumstances' 'non Parole Period' 'resentencing']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentence imposed for armed robbery was affected by error because the implied starting point was excessive.' 'Whether the sentencing judge erred by failing to allow credit for 34 days spent in custody before bail.' 'Whether special circumstances should be found on resentencing for the purpose of fixing the non-parole period.']

Ratio Decidendi

Although a sentence of 4 years with a 3 year non-parole period was not inherently excessive for a night-time armed robbery of a service station using a blood filled syringe, the sentencing judge's undisclosed starting point must have been in excess of 7 years after allowing the discounts, which was excessive even allowing for aggravating factors. The sentencing judge also failed to allow credit for 34 days previously spent in custody. On resentencing, a starting point of 6 years, reduced by the 45 percent total discounts allowed below, produced a head sentence of approximately 3 years and 4 months; special circumstances justified a non-parole period of 2 years and 2 months.

Court Disposition

Leave to appeal granted; appeal upheld; sentence quashed; applicant re-sentenced.

Orders

  • ['Sentence imposed by English DCJ quashed.' 'In lieu, the applicant was sentenced to imprisonment for a term of 3 years and 4 months.' 'The sentence was deemed to have commenced 34 days prior to 7 June 2001, being 3 May 2001.' 'A non-parole period of 2 years and 2 months was fixed.' 'The earliest date on which the...