Regina v Elliott [2001] NSWCCA 131

Regina v Elliott [2001] NSWCCA 131

The sentences imposed were quashed because the sentencing judge failed to fix an appropriate sentence for each offence, contrary to the principle in Pearce v The Queen. New sentences were imposed, taking account of early pleas and the totality principle.

Jurisdiction
Australia
Judgment Date
04 April 2001
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Appeal on break, enter and steal counts allowed. Sentences quashed. New sentences imposed. Appeal against sentence for taking and driving conveyance without consent dismissed.
Legal Topics
['sentencing' 'break, Enter and Steal' 'early Plea' 'aggregate Sentencing' 'totality' 'drug Addiction']
['criminal Law'] ['sentencing' 'break, Enter and Steal' 'early Plea' 'aggregate Sentencing' 'totality' 'drug Addiction']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in imposing an aggregate sentence without fixing separate sentences for each offence' 'Whether credit was given for the early plea of guilty' 'Whether the sentences were outside the range for the offences based on sentencing statistics']

Ratio Decidendi

The sentences imposed were quashed because the sentencing judge failed to fix an appropriate sentence for each offence, contrary to the principle in Pearce v The Queen. New sentences were imposed, taking account of early pleas and the totality principle.

Court Disposition

Appeal on break, enter and steal counts allowed. Sentences quashed. New sentences imposed. Appeal against sentence for taking and driving conveyance without consent dismissed.

Orders

  • ['Leave to extend time for application for leave to appeal granted.' 'Leave to appeal granted.' 'Appeals on break, enter and steal counts allowed. Sentences quashed.' 'On count 1, fixed term of 2 years 6 months from 6 July 1999 to 5 January 2002.' 'On counts 2-8 (except last count), 3 years from 6 July 1999,...