R v DBN [2005] NSWCCA 435

R v DBN [2005] NSWCCA 435

Although the sentencing judge's treatment of s.21A factors, including elements of offences and prior convictions, appeared erroneous, the errors had little or no effect on the sentences imposed. Given the number and seriousness of the offences and the Form One matters, the total effective sentence of eight years with a six-year non-parole period was not inappropriate or excessive, and no different sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
14 December 2005
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence; Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['aggravating Factors Under S.21 a Crimes (sentencing Procedure) Act' 'double Counting' 'prior Convictions' 'special Circumstances' 'non Parole Period' 'form One Matters']
['criminal Law' 'sentencing' 'criminal Appeals'] ['aggravating Factors Under S.21 a Crimes (sentencing Procedure) Act' 'double Counting' 'prior Convictions' 'special Circumstances' 'non Parole Period' 'form One Matters']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence; Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by treating factors that were elements of offences as aggravating factors under s.21A of the Crimes (Sentencing Procedure) Act.' "Whether the sentencing judge impermissibly used the applicant's prior convictions as an aggravating factor." 'Whether the sentencing judge failed to give effect to the finding of special circumstances in the overall sentence.' 'Whether, despite any sentencing error, some other sentence was warranted in law.']

Ratio Decidendi

Although the sentencing judge's treatment of s.21A factors, including elements of offences and prior convictions, appeared erroneous, the errors had little or no effect on the sentences imposed. Given the number and seriousness of the offences and the Form One matters, the total effective sentence of eight years with a six-year non-parole period was not inappropriate or excessive, and no different sentence was warranted in law.

Court Disposition

Leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['Leave to appeal against sentence be granted.' 'Appeal against sentence be dismissed.']