Carter v R [2018] NSWCCA 138

Carter v R [2018] NSWCCA 138

The sentencing judge materially mistook the facts concerning hardship to the applicant’s family and did not sufficiently account for subjective factors including assaults in custody, warranting appellate intervention and a reduction of the aggregate sentence to reflect these considerations, even though the objective seriousness was similar to co-offenders.

Jurisdiction
Australia
Judgment Date
09 July 2018
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Re Sentencing After Establishment of Sentencing Error
Outcome
Leave to appeal granted, original sentence quashed, applicant resentenced to 5 years’ imprisonment with a non-parole period of 2 years and 6 months.
Legal Topics
['sentencing' 'aggravated Breaking and Entering' 'parity' 'subjective Case' 'family Hardship' 'hardship in Custody']
['criminal Law'] ['sentencing' 'aggravated Breaking and Entering' 'parity' 'subjective Case' 'family Hardship' 'hardship in Custody']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Re Sentencing After Establishment of Sentencing Error

Legal Issues

  1. 1 ['Whether the sentencing judge mistook the facts as to family hardship and subjective case' 'Whether parity with co-offenders was properly considered in sentencing' "Proper approach to hardship to the offender's family as a sentencing factor"]

Ratio Decidendi

The sentencing judge materially mistook the facts concerning hardship to the applicant’s family and did not sufficiently account for subjective factors including assaults in custody, warranting appellate intervention and a reduction of the aggregate sentence to reflect these considerations, even though the objective seriousness was similar to co-offenders.

Court Disposition

Leave to appeal granted, original sentence quashed, applicant resentenced to 5 years’ imprisonment with a non-parole period of 2 years and 6 months.

Orders

  • ['Leave to appeal granted' 'Sentence imposed at first instance quashed' 'Applicant sentenced to an aggregate sentence of imprisonment for 5 years with a non-parole period of 2 years and 6 months commencing on 17 April 2016 and expiring on 16 October 2018, and a balance of term of 2 years and 6 months expiring on 16...