REGINA v BELL [1999] NSWCCA 423

REGINA v BELL [1999] NSWCCA 423

The Court held that the six-year total term for a single offence of aggravated break enter and steal was beyond the outer limits of a proper sentencing discretion when the objective circumstances, the applicant's lengthy criminal history, his guilty plea, his background and the parity issue with the co-offender were considered. The sentencing judge's refusal to find special circumstances also miscarried because the evidence of the applicant's background and need for assistance on release warranted a finding that he should have a lengthy period of supervised liberty. Leave was granted, the appeal allowed, and the sentence varied to five years penal servitude with a minimum term of...

Jurisdiction
Australia
Judgment Date
27 October 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court Following a Guilty Plea
Outcome
Leave to appeal granted; appeal allowed; sentence varied.
Legal Topics
['aggravated Break Enter and Steal' 'parity in Sentencing' 'special Circumstances' 'aboriginal Offender Background' 'drug Addiction and Rehabilitation' 'guilty Plea']
['criminal Law' 'sentencing' 'criminal Appeals'] ['aggravated Break Enter and Steal' 'parity in Sentencing' 'special Circumstances' 'aboriginal Offender Background' 'drug Addiction and Rehabilitation' 'guilty Plea']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence From the District Court Following a Guilty Plea

Legal Issues

  1. 1 ['Whether the sentence imposed on the applicant maintained proper parity with the sentence imposed on his co-offender.' "Whether adequate weight was given to the applicant's Aboriginal background, childhood disadvantage, drug addiction and prospects of rehabilitation." 'Whether the sentencing judge erred in refusing to find special circumstances under section 5(3) of the Sentencing Act 1989.' 'Whether the total term of six years penal servitude was outside the limits of a proper sentencing discretion.']

Ratio Decidendi

The Court held that the six-year total term for a single offence of aggravated break enter and steal was beyond the outer limits of a proper sentencing discretion when the objective circumstances, the applicant's lengthy criminal history, his guilty plea, his background and the parity issue with the co-offender were considered. The sentencing judge's refusal to find special circumstances also miscarried because the evidence of the applicant's background and need for assistance on release warranted a finding that he should have a lengthy period of supervised liberty. Leave was granted, the appeal allowed, and the sentence varied to five years penal servitude with a minimum term of...

Court Disposition

Leave to appeal granted; appeal allowed; sentence varied.

Orders

  • ['Leave to appeal be granted.' 'The appeal allowed and the sentence varied.' 'The applicant be sentenced to a total term of penal servitude for five years made up of a minimum term of two-and-a-half years commencing on 21 February 1998 and expiring on 20 August 2000 and an additional term of two-and-a-half years...