Regina v Levett [2004] NSWCCA 276

Regina v Levett [2004] NSWCCA 276

The seven year sentence for the break, enter and steal offence was manifestly excessive when viewed in isolation and the effective sentence failed to give adequate weight to the young applicant's prospects of rehabilitation, despite the seriousness of his course of offending, criminal record, and offending while on bail and subject to a bond. A substituted sentence of six years with a three year non-parole period adequately reflected retribution, deterrence, aggravating and mitigating factors, the guilty pleas and special circumstances.

Jurisdiction
Australia
Judgment Date
19 August 2004
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave granted, appeal allowed, sentence for break, enter and steal quashed and substituted; other sentences confirmed.
Legal Topics
['manifest Excess' 'break, Enter and Steal' 'form 1 Offences' 'young Offender' 'rehabilitation' 'totality' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['manifest Excess' 'break, Enter and Steal' 'form 1 Offences' 'young Offender' 'rehabilitation' 'totality' 'non Parole Period' 'special Circumstances']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the seven year sentence for break, enter and steal, taking into account form 1 matters, was manifestly excessive.' "Whether the effective sentence for all offending gave adequate weight to the applicant's youth, pleas of guilty, protected custody status and prospects of rehabilitation." 'What substituted sentence should be imposed if the appeal were allowed.']

Ratio Decidendi

The seven year sentence for the break, enter and steal offence was manifestly excessive when viewed in isolation and the effective sentence failed to give adequate weight to the young applicant's prospects of rehabilitation, despite the seriousness of his course of offending, criminal record, and offending while on bail and subject to a bond. A substituted sentence of six years with a three year non-parole period adequately reflected retribution, deterrence, aggravating and mitigating factors, the guilty pleas and special circumstances.

Court Disposition

Leave granted, appeal allowed, sentence for break, enter and steal quashed and substituted; other sentences confirmed.

Orders

  • ['The sentence in respect of the offence of break, enter and steal at Dover Heights on 7 March 2001 is quashed.' 'In lieu, the applicant is sentenced to imprisonment for six years, to date from 16 December 2001, with a non-parole period of three years.' 'The sentences on the other charges are confirmed.' 'The...