ISAAKO v R [2012] NSWCCA 115

ISAAKO v R [2012] NSWCCA 115

The sentence imposed for the s 95 offence was manifestly excessive. Before the 25% plea discount, it reflected a starting point of 14.67 years out of a 20-year maximum, which was inconsistent with the sentencing judge's characterisation of the offence as above the mid-range rather than at the high end. Although the prior s 98 offending was relevant to lack of remorse, moral culpability, dangerous propensity and protection of the public, that principle could not justify a sentence beyond proportionality. The applicant's youth, employment history and reduced intellectual functioning also retained some mitigating force. The Court resentenced him for the s 95 offence to an overall sentence of...

Jurisdiction
Australia
Judgment Date
06 June 2012
Procedural Posture
Crime Appeal Against Sentence / Application for Leave to Appeal From a Sentence Imposed by the District Court
Outcome
Leave to appeal granted; appeal allowed in part; sentence for the s 95 offence set aside and the applicant resentenced for that offence.
Legal Topics
['appeal Against Sentence' 'manifestly Excessive Sentence' 'totality Principle' 'robbery in Company With Grievous Bodily Harm' 'robbery in Circumstances of Aggravation' 'protection of the Public' 'guilty Plea Discount' 'special Circumstances']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 'manifestly Excessive Sentence' 'totality Principle' 'robbery in Company With Grievous Bodily Harm' 'robbery in Circumstances of Aggravation' 'protection of the Public' 'guilty Plea Discount' 'special Circumstances']

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Procedural Posture

Crime Appeal Against Sentence / Application for Leave to Appeal From a Sentence Imposed by the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge failed to properly apply the totality principle when fixing the start date for the sentence for the s 95 offence.' 'Whether the sentence imposed for the s 95 offence was manifestly excessive.']

Ratio Decidendi

The sentence imposed for the s 95 offence was manifestly excessive. Before the 25% plea discount, it reflected a starting point of 14.67 years out of a 20-year maximum, which was inconsistent with the sentencing judge's characterisation of the offence as above the mid-range rather than at the high end. Although the prior s 98 offending was relevant to lack of remorse, moral culpability, dangerous propensity and protection of the public, that principle could not justify a sentence beyond proportionality. The applicant's youth, employment history and reduced intellectual functioning also retained some mitigating force. The Court resentenced him for the s 95 offence to an overall sentence of...

Court Disposition

Leave to appeal granted; appeal allowed in part; sentence for the s 95 offence set aside and the applicant resentenced for that offence.

Orders

  • ['Leave to appeal be granted.' 'Appeal allowed in part.' 'Set aside the sentence imposed by the District Court on 26 May 2010 for the offence under s 95 of the Crimes Act 1900 committed on 18 August 2008 and, in lieu thereof, for that offence sentence the applicant to a non-parole period of 4 years commencing 16...