Troy Douglas Pleace v R [2017] NSWCCA 112

Troy Douglas Pleace v R [2017] NSWCCA 112

Although the sentence was severe and leave to appeal was warranted because the applicant suffered from a severe psychiatric illness, the sentencing judge was conscious of the mental illness, reduced moral culpability, hardship in custody, totality and the separate criminality of the offences. The indicative and aggregate sentences, and the one-year accumulation on the earlier sentence, were high but were not plainly unjust or manifestly wrong, so the sole ground of manifest excess failed.

Jurisdiction
Australia
Judgment Date
31 May 2017
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Imposed in the District Court of NSW
Outcome
Application for leave to appeal granted. Appeal dismissed.
Legal Topics
['manifest Excessive Sentence' 'enter Dwelling House With Intent to Commit Intimidation' 'assault Occasioning Actual Bodily Harm' 'aggregate Sentence' 'accumulation and Concurrence' 'mental Illness and Moral Culpability' 'schizophrenia' 'sentencing Statistics and Comparable Cases']
['criminal Law' 'sentencing' 'criminal Appeals'] ['manifest Excessive Sentence' 'enter Dwelling House With Intent to Commit Intimidation' 'assault Occasioning Actual Bodily Harm' 'aggregate Sentence' 'accumulation and Concurrence' 'mental Illness and Moral Culpability' 'schizophrenia' 'sentencing Statistics and Comparable Cases']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Imposed in the District Court of NSW

Legal Issues

  1. 1 ['Whether the aggregate sentence of five years with a non-parole period of three years was manifestly excessive.' "Whether the sentencing judge gave sufficient effect to the applicant's severe psychiatric illness, reduced moral culpability and increased hardship in custody." 'Whether sentencing statistics and outcomes in other cases showed that the sentence was plainly wrong or unjust.' 'Whether partial accumulation of the aggregate sentence on the earlier sentence produced a manifestly excessive total effective sentence.']

Ratio Decidendi

Although the sentence was severe and leave to appeal was warranted because the applicant suffered from a severe psychiatric illness, the sentencing judge was conscious of the mental illness, reduced moral culpability, hardship in custody, totality and the separate criminality of the offences. The indicative and aggregate sentences, and the one-year accumulation on the earlier sentence, were high but were not plainly unjust or manifestly wrong, so the sole ground of manifest excess failed.

Court Disposition

Application for leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']