BELLCHAMBERS v REGINA [2011] NSWCCA 131

BELLCHAMBERS v REGINA [2011] NSWCCA 131

The sentencing judge erred by not imposing non-parole periods for all counts as required by statute, failed to articulate the objective seriousness of the offences with sufficient precision, did not apply the principles in R v Pearce correctly when determining individual and aggregate sentences, unjustifiably refused to find special circumstances, and imposed sentences that were manifestly excessive, thus the applicant was required to be re-sentenced in accordance with correct principles.

Parties
Applicant: Simon David Bellchambers; Respondent: Crown
Jurisdiction
Australia
Judgment Date
10 June 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed. Sentences quashed. Applicant re-sentenced.
Legal Topics
Sentencing, Non Parole Periods, Objective Seriousness, Special Circumstances, Proportionality, Totality, Sexual Assault
Criminal Law Sentencing Non Parole Periods Objective Seriousness Special Circumstances Proportionality Totality Sexual Assault

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Parties

Simon David Bellchambers

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by failing to impose non-parole periods on all counts
  2. 2 Whether the judge failed to properly assess the objective seriousness of the offences
  3. 3 Failure to correctly apply principles of totality and proportionality in sentencing

Ratio Decidendi

The sentencing judge erred by not imposing non-parole periods for all counts as required by statute, failed to articulate the objective seriousness of the offences with sufficient precision, did not apply the principles in R v Pearce correctly when determining individual and aggregate sentences, unjustifiably refused to find special circumstances, and imposed sentences that were manifestly excessive, thus the applicant was required to be re-sentenced in accordance with correct principles.

Court Disposition

Appeal allowed. Sentences quashed. Applicant re-sentenced.

Orders

  • Sentences passed on 16 June 2010 quashed and applicant re-sentenced as follows:
  • Count 1: 3 years imprisonment with a non-parole period of 2 years commencing 6 February 2010 and expiring 5 February 2012, balance expiring 5 February 2013.