Bolin v R [2020] NSWCCA 332

Bolin v R [2020] NSWCCA 332

The sentencing judge erred in fixing the commencement date of the aggregate sentence and the aggregate sentence was manifestly excessive because it reflected too high a degree of accumulation of the indicative sentences for offences that involved one course of conduct. The Court allowed the appeal, quashed the District Court aggregate sentence, and resentenced the applicant to an aggregate term of 3 years and 3 months with a non-parole period of 2 years commencing 2 February 2019.

Jurisdiction
Australia
Judgment Date
10 December 2020
Procedural Posture
Criminal Sentence Appeal / Leave to Appeal and Appeal Against Sentence From the District Court
Outcome
Leave to appeal granted; appeal allowed; aggregate sentence quashed; applicant resentenced.
Legal Topics
['aggregate Sentence' 'concurrency and Accumulation' 'commencement Date of Sentence' 'manifest Excess' 'domestic Violence Offending' 'apprehended Domestic Violence Order']
['criminal Law' 'sentencing'] ['aggregate Sentence' 'concurrency and Accumulation' 'commencement Date of Sentence' 'manifest Excess' 'domestic Violence Offending' 'apprehended Domestic Violence Order']

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Procedural Posture

Criminal Sentence Appeal / Leave to Appeal and Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ['Whether the aggregate sentence imposed in the District Court commenced on the correct date having regard to the earlier sentence and non-parole period.' 'Whether the aggregate sentence was manifestly excessive because of the degree of notional accumulation of the indicative sentences.' 'Whether the applicant should be resentenced and, if so, what non-parole period and balance of term should be imposed.']

Ratio Decidendi

The sentencing judge erred in fixing the commencement date of the aggregate sentence and the aggregate sentence was manifestly excessive because it reflected too high a degree of accumulation of the indicative sentences for offences that involved one course of conduct. The Court allowed the appeal, quashed the District Court aggregate sentence, and resentenced the applicant to an aggregate term of 3 years and 3 months with a non-parole period of 2 years commencing 2 February 2019.

Court Disposition

Leave to appeal granted; appeal allowed; aggregate sentence quashed; applicant resentenced.

Orders

  • ['Leave to appeal granted.' 'Allow the appeal.' 'Quash the aggregate sentence imposed by Judge Colefax SC in the District Court on 8 November 2019.' "Resentence the applicant to a non-parole period of two years' imprisonment commencing 2 February 2019 and expiring 1 February 2021 with a balance of term of 15 months'...