REGINA v WELDON [2002] NSWCCA 308

REGINA v WELDON [2002] NSWCCA 308

The head sentence of six years imprisonment was not appealably excessive and any parity complaint was explained by differences between the applicant and Hughes, but the sentencing judge erred by overlooking totality and failing to consider special circumstances, including the applicant's Aboriginal background, personal history and depression; those matters required a significant reduction of the non-parole period.

Jurisdiction
Australia
Judgment Date
20 June 2002
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From a Sentence Imposed in the Penrith District Court on 11 August 2000
Outcome
Leave to appeal granted; head sentence confirmed; non-parole period quashed and substituted.
Legal Topics
['robbery' 'parity' 'non Parole Period' 'totality' 'special Circumstances' 'plea of Guilty' 'aboriginality and Sentencing']
['criminal Law' 'sentencing'] ['robbery' 'parity' 'non Parole Period' 'totality' 'special Circumstances' 'plea of Guilty' 'aboriginality and Sentencing']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From a Sentence Imposed in the Penrith District Court on 11 August 2000

Legal Issues

  1. 1 ['Whether the head sentence of six years imprisonment for robbery was appealably excessive.' 'Whether the applicant had a justifiable sense of grievance by comparison with the sentence imposed on co-offender Hughes.' "Whether the sentencing judge gave insufficient weight to the applicant's plea of guilty and early admissions." "Whether the sentencing judge failed to take into account the principle of totality in light of the applicant's custodial history." 'Whether special circumstances justified a reduction in the non-parole period under s44 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The head sentence of six years imprisonment was not appealably excessive and any parity complaint was explained by differences between the applicant and Hughes, but the sentencing judge erred by overlooking totality and failing to consider special circumstances, including the applicant's Aboriginal background, personal history and depression; those matters required a significant reduction of the non-parole period.

Court Disposition

Leave to appeal granted; head sentence confirmed; non-parole period quashed and substituted.

Orders

  • ['Leave to appeal granted.' 'The sentence of six years is confirmed.' 'The non-parole period imposed is quashed.' 'In lieu thereof a non-parole period of three years is substituted, commencing on 8 January 2000 and expiring on 7 January 2003.']