Doherty v R [2006] NSWCCA 133

Doherty v R [2006] NSWCCA 133

The extent of accumulation of the sentences was excessive and resulted in a manifestly excessive effective head sentence and non-parole period, particularly due to reliance on the same injuries as aggravating factors in multiple offences. The error can be corrected by adjusting starting dates of sentences, increasing concurrency, and reducing the effect of accumulation.

Parties
Applicant: Stuart Charles Doherty; Respondent: Crown
Jurisdiction
Australia
Judgment Date
28 April 2006
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Appeals allowed; applicant re-sentenced.
Legal Topics
Sentencing, Application for Leave to Appeal, Aggravated Break and Enter, Indecent Assault, Aggravated Sexual Assault, Drug Offences, Principle of Totality, Manifestly Excessive Sentence
Criminal Law Sentencing Application for Leave to Appeal Aggravated Break and Enter Indecent Assault Aggravated Sexual Assault Drug Offences Principle of Totality +1 more

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Parties

Stuart Charles Doherty

Applicant

Crown

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentencing judge erred in the application of the principle of totality
  2. 2 Whether the sentences were manifestly excessive

Ratio Decidendi

The extent of accumulation of the sentences was excessive and resulted in a manifestly excessive effective head sentence and non-parole period, particularly due to reliance on the same injuries as aggravating factors in multiple offences. The error can be corrected by adjusting starting dates of sentences, increasing concurrency, and reducing the effect of accumulation.

Court Disposition

Appeals allowed; applicant re-sentenced.

Orders

  • Leave to appeal against each sentence granted
  • Appeals allowed; applicant re-sentenced as follows: Second indictment (with additional offences)—imprisonment for a fixed term of one year, commencing 7 November 2003 and expiring 6 November 2004; First indictment, Count 1—imprisonment with a non-parole period of three years, commencing 7 November 2004 and expiring...