REGINA v FISHER [2000] NSWCCA 218

REGINA v FISHER [2000] NSWCCA 218

The sentencing judge did not err in treating the offending as involving a serious level of violence, in rejecting special circumstances, in commencing the sentence after the expiry of the parole balance, or in not adjusting the minimum and additional terms under Simpson. The offences involved grave total...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 May 2000
Procedural Posture
Sentence Appeal / Application for Leave to Appeal Against Sentence and Substantive Appeal in the Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; substantive appeal dismissed.
Legal Topics
['malicious Wounding' 'use of Offensive Weapon to Prevent Lawful Apprehension' 'breaking and Entering' 'special Circumstances' 'cumulation of Sentences' 'parole Revocation' 'totality and Proportionality']
['criminal Law' 'sentencing'] ['malicious Wounding' 'use of Offensive Weapon to Prevent Lawful Apprehension' 'breaking and Entering' 'special Circumstances' 'cumulation of Sentences' 'parole Revocation' 'totality and Proportionality']

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Procedural Posture

Sentence Appeal / Application for Leave to Appeal Against Sentence and Substantive Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in rejecting special circumstances warranting a lesser minimum term.' 'Whether the effect of cumulation of sentences required adjustment of the minimum and additional terms in accordance with Regina v Simpson (1992) 61 A Crim R 58.' 'Whether the sentence imposed for the offences disclosed error of law.']

Ratio Decidendi

The sentencing judge did not err in treating the offending as involving a serious level of violence, in rejecting special circumstances, in commencing the sentence after the expiry of the parole balance, or in not adjusting the minimum and additional terms under Simpson. The offences involved grave total criminality, including three stab wounds inflicted while the applicant was on parole, and the case did not call for application of the Simpson principle.

Court Disposition

Leave to appeal against sentence granted; substantive appeal dismissed.

Orders

  • ['Leave to appeal against sentence is granted.' 'The substantive appeal itself is dismissed.']