R v BASHFORD [2000] NSWCCA 426

R v BASHFORD [2000] NSWCCA 426

The sentencing judge erred by denying the applicant the benefit of a divided term with parole, as the principle of parity did not strictly apply due to the differing sentencing regimes and personal circumstances. The Court varied the order to fix a non-parole period to promote rehabilitation.

Jurisdiction
Australia
Judgment Date
13 October 2000
Procedural Posture
Criminal Appeal / Leave to Appeal and Sentencing
Outcome
Leave to appeal granted; appeal allowed; sentence varied to fix a non-parole period.
Legal Topics
['sentencing' 'parity of Sentences' 'control Orders' 'non Parole Period' 'rehabilitation']
['criminal Law' 'juvenile Justice'] ['sentencing' 'parity of Sentences' 'control Orders' 'non Parole Period' 'rehabilitation']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Sentencing

Legal Issues

  1. 1 ['Did the sentencing judge apply wrong principles regarding parity between applicant and co-offender?' 'Should the applicant have received a fixed term or a divided term with non-parole period?' 'Was the fixed term excessive given pre-sentence custody and the applicant’s juvenile status?']

Ratio Decidendi

The sentencing judge erred by denying the applicant the benefit of a divided term with parole, as the principle of parity did not strictly apply due to the differing sentencing regimes and personal circumstances. The Court varied the order to fix a non-parole period to promote rehabilitation.

Court Disposition

Leave to appeal granted; appeal allowed; sentence varied to fix a non-parole period.

Orders

  • ['Grant leave to appeal and allow the appeal.' 'Vary the sentencing order by fixing a non-parole period of nine months commencing 18 January 2000 and expiring 17 October 2000.' 'Applicant eligible for release on parole on 17 October 2000.' 'Non-parole period fixed at less than three-quarters of the control order...