Mac v R [2022] NSWDC 177

Mac v R [2022] NSWDC 177

The non-parole period imposed by the Local Court was excessive having regard to the appellant's circumstances, admissions, prospects of rehabilitation, and time already served in custody. The appeal was allowed to the extent of reducing the non-parole period to six months, with release on 13 April 2022. Otherwise, the convictions and sentences are confirmed.

Parties
Appellant: Steven Mac; Crown: R
Jurisdiction
Australia
Judgment Date
31 March 2022
Procedural Posture
Criminal Appeal / Sentence Appeal Determination
Outcome
Appeal allowed in part
Legal Topics
Appeal Against Sentence, Non Parole Period, Imprisonment, Severity of Sentence
Criminal Law Appeal Against Sentence Non Parole Period Imprisonment Severity of Sentence

Case Brief

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Parties

Steven Mac

Appellant

R

Crown

Procedural Posture

Criminal Appeal / Sentence Appeal Determination

Legal Issues

  1. 1 Whether the non-parole period imposed by the Local Court was excessive
  2. 2 Whether a different sentencing option such as an Intensive Corrections Order (ICO) should have been imposed

Ratio Decidendi

The non-parole period imposed by the Local Court was excessive having regard to the appellant's circumstances, admissions, prospects of rehabilitation, and time already served in custody. The appeal was allowed to the extent of reducing the non-parole period to six months, with release on 13 April 2022. Otherwise, the convictions and sentences are confirmed.

Court Disposition

Appeal allowed in part

Orders

  • The non-parole period imposed by the Local Court at Waverley on 9 February 2022 is set aside.
  • A non-parole period of six months is fixed, expiring on 13 April 2022.