Regina v Thomas John Hickey; Regina v Joseph Martin Hickey [2003] NSWCCA 110

Regina v Thomas John Hickey; Regina v Joseph Martin Hickey [2003] NSWCCA 110

The trial judge erred in making sentences for Thomas John Hickey wholly concurrent for two robberies committed months apart; sentences should be partially cumulative and partially concurrent, reflecting totality and proportionality principles. The sentence for Joseph Martin Hickey was within range and not manifestly inadequate.

Jurisdiction
Australia
Judgment Date
24 April 2003
Procedural Posture
Criminal Appeal / Crown Appeal Against Sentence in Court of Criminal Appeal
Outcome
Crown appeal against Joseph Martin Hickey's sentence dismissed; Crown appeal against Thomas John Hickey's sentences allowed and sentences quashed with new sentences imposed
Legal Topics
['sentencing' 'robbery in Company' 'concurrency and Cumulation of Sentences' 'proportionality Between Co Offenders']
['criminal Law'] ['sentencing' 'robbery in Company' 'concurrency and Cumulation of Sentences' 'proportionality Between Co Offenders']

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Procedural Posture

Criminal Appeal / Crown Appeal Against Sentence in Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether sentences for multiple robberies in company should be wholly concurrent or partly concurrent' 'Whether the sentences imposed were manifestly inadequate' 'Application of sentencing principles, including totality and proportionality between co-offenders']

Ratio Decidendi

The trial judge erred in making sentences for Thomas John Hickey wholly concurrent for two robberies committed months apart; sentences should be partially cumulative and partially concurrent, reflecting totality and proportionality principles. The sentence for Joseph Martin Hickey was within range and not manifestly inadequate.

Court Disposition

Crown appeal against Joseph Martin Hickey's sentence dismissed; Crown appeal against Thomas John Hickey's sentences allowed and sentences quashed with new sentences imposed

Orders

  • ['Crown appeal against the sentence imposed on Joseph Michael Hickey dismissed' 'Crown appeal against the sentences imposed on Thomas John Hickey allowed; sentences quashed' 'Thomas John Hickey is sentenced as follows: (i) On the robbery in company of the National Bank, Warrawong to imprisonment for 4 years 6 months...