REGINA v BULLING [1999] NSWCCA 429

REGINA v BULLING [1999] NSWCCA 429

The material before the sentencing judge concerning the applicant's subjective circumstances, including his history and alcohol-related issues, was capable of establishing special circumstances. The failure to advert to special circumstances was sentencing error, requiring the Court to restructure the sentences.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 October 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Sentence restructured.
Legal Topics
['demanding Money With Menaces' 'special Circumstances' 'minimum and Additional Terms' 'alcohol Addiction' 'offending While on Recognisance']
['criminal Law' 'sentencing'] ['demanding Money With Menaces' 'special Circumstances' 'minimum and Additional Terms' 'alcohol Addiction' 'offending While on Recognisance']

Source-derived case record

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to consider whether special circumstances existed under section 5(2) of the Sentencing Act 1989.' "Whether the applicant's sentences should be restructured."]

Ratio Decidendi

The material before the sentencing judge concerning the applicant's subjective circumstances, including his history and alcohol-related issues, was capable of establishing special circumstances. The failure to advert to special circumstances was sentencing error, requiring the Court to restructure the sentences.

Court Disposition

Sentence restructured.

Orders

  • ['The applicant is sentenced to a minimum term of two years penal servitude commencing 21 June 1998 and expiring 20 June 2000.' 'The applicant is sentenced to an additional term of two years commencing 21 June 2000 and expiring 21 June 2002.']