Stoeski v R [2008] NSWCCA 230

Stoeski v R [2008] NSWCCA 230

The sentencing Judge carefully considered totality, moderated the overall sentence to take account of the existing sentence, and allowed a longer than usual additional term for supervision and support. The combined sentence was not crushing. Although special circumstances were found, the Judge was not required to adopt the same statutory-ratio adjustment as Norrish DCJ or to maintain his balance of term. Given the seriousness of the offences and that they were committed while the applicant was on conditional liberty for similar offences, the non-parole period appropriately reflected the criminality and was a legitimate exercise of sentencing discretion.

Jurisdiction
Australia
Judgment Date
14 October 2008
Procedural Posture
Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['special Circumstances' 'statutory Ratio' 'totality Principle' 'non Parole Period' 'sentencing Discretion' 'guilty Plea Discount' 'possession of Drug Precursor' 'disposing of Stolen Motor Vehicle']
['criminal Law' 'sentencing'] ['special Circumstances' 'statutory Ratio' 'totality Principle' 'non Parole Period' 'sentencing Discretion' 'guilty Plea Discount' 'possession of Drug Precursor' 'disposing of Stolen Motor Vehicle']

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Procedural Posture

Criminal Appeal Against Severity of Sentence / Application for Leave to Appeal in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing Judge erred in applying the totality principle and in giving effect to special circumstances when partially accumulating the sentences upon sentences previously imposed by Norrish DCJ.' 'Whether a different and less severe sentence was warranted.']

Ratio Decidendi

The sentencing Judge carefully considered totality, moderated the overall sentence to take account of the existing sentence, and allowed a longer than usual additional term for supervision and support. The combined sentence was not crushing. Although special circumstances were found, the Judge was not required to adopt the same statutory-ratio adjustment as Norrish DCJ or to maintain his balance of term. Given the seriousness of the offences and that they were committed while the applicant was on conditional liberty for similar offences, the non-parole period appropriately reflected the criminality and was a legitimate exercise of sentencing discretion.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']