Monteiro v R [2022] NSWCCA 37

Monteiro v R [2022] NSWCCA 37

The sentence imposed by the District Court was manifestly excessive because the breaches did not give rise to increased risk of serious offending and their seriousness was overstated. Totality required a lesser aggregate sentence as the offending was in substance one course of conduct. The appropriate penalty was a fixed term of imprisonment of 18 months, and community penalty options were not appropriate due to the context of the ESO breaches.

Parties
Applicant: Simon Monteiro; Respondent: Regina
Jurisdiction
Australia
Judgment Date
28 February 2022
Procedural Posture
Criminal Sentence Appeal / Appeal Against Severity of Sentence
Outcome
Appeal allowed; sentence quashed; applicant re-sentenced to 18 months' imprisonment, released on expiration date.
Legal Topics
Appeal Against Sentence, Breach of Extended Supervision Order, Manifest Excess, Totality Principle
Criminal Law Appeal Against Sentence Breach of Extended Supervision Order Manifest Excess Totality Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Simon Monteiro

Applicant

Regina

Respondent

Procedural Posture

Criminal Sentence Appeal / Appeal Against Severity of Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether breaches of ESO justified the level of objective seriousness found
  3. 3 How the principle of totality applies to multiple breaches for supervisory conditions

Ratio Decidendi

The sentence imposed by the District Court was manifestly excessive because the breaches did not give rise to increased risk of serious offending and their seriousness was overstated. Totality required a lesser aggregate sentence as the offending was in substance one course of conduct. The appropriate penalty was a fixed term of imprisonment of 18 months, and community penalty options were not appropriate due to the context of the ESO breaches.

Court Disposition

Appeal allowed; sentence quashed; applicant re-sentenced to 18 months' imprisonment, released on expiration date.

Orders

  • Leave to appeal granted.
  • Appeal against severity of sentence allowed.