R v TOYER (NO 2) [2021] NSWDC 92

R v TOYER (NO 2) [2021] NSWDC 92

The sentence originally imposed ordering an Intensive Correction Order for manslaughter was contrary to law and must be corrected pursuant to s 43 of the Crimes (Sentencing Procedure) Act 1999; a full-time custodial sentence of 22 months with a non-parole period of 12 months is imposed, with special circumstances found due to offender age, first custody, and need for supervision.

Jurisdiction
Australia
Judgment Date
29 March 2021
Procedural Posture
Criminal / Resentencing After Error Identified and Re Opened Hearing Under S 43 Crimes (sentencing Procedure) Act 1999
Outcome
Offender resentenced to 22 months full-time custody for manslaughter; non-parole period of 12 months, balance of term 10 months; recommended parole with supervision and mental health direction; special circumstances found.
Legal Topics
['sentencing' 'manslaughter' 'intensive Correction Orders' 'special Circumstances' 'parole']
['criminal Law'] ['sentencing' 'manslaughter' 'intensive Correction Orders' 'special Circumstances' 'parole']

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Procedural Posture

Criminal / Resentencing After Error Identified and Re Opened Hearing Under S 43 Crimes (sentencing Procedure) Act 1999

Legal Issues

  1. 1 ['Whether Intensive Correction Order is lawfully available for manslaughter under current legislation' 'Appropriate resentencing procedure under s 43 Crimes (Sentencing Procedure) Act 1999' 'Determination of special circumstances for non-parole period deviation']

Ratio Decidendi

The sentence originally imposed ordering an Intensive Correction Order for manslaughter was contrary to law and must be corrected pursuant to s 43 of the Crimes (Sentencing Procedure) Act 1999; a full-time custodial sentence of 22 months with a non-parole period of 12 months is imposed, with special circumstances found due to offender age, first custody, and need for supervision.

Court Disposition

Offender resentenced to 22 months full-time custody for manslaughter; non-parole period of 12 months, balance of term 10 months; recommended parole with supervision and mental health direction; special circumstances found.

Orders

  • ['Sentence of 22 months imprisonment (1 year 10 months) stands.' 'Non-parole period of 12 months commencing 29 March 2021 to 28 March 2022.' 'Balance of term of 10 months from 29 March 2022 to 28 January 2023.' 'Offender to be released at expiration of non-parole period to statutory parole with supervision and...