Regina v Fear [2002] NSWCCA 361

Regina v Fear [2002] NSWCCA 361

Although the sentencing judge's observations about possible aggravated charges and the uncharged stealing of a motor vehicle were unfortunate, they did not cause the sentencing process to miscarry. The judge was careful not to sentence for more serious uncharged offences, no meaningful parity comparison with PG could be made given the different charges and sentencing approaches, and the effective sentence of 12 years with a non-parole period of 9 years, though severe, was within the range properly open for the applicant's serious offending and criminal history.

Jurisdiction
Australia
Judgment Date
29 August 2002
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['armed Robbery' 'break, Enter and Steal' 'form 1 Offences' 'leave to Appeal Against Sentence' 'parity Between Co Offenders' 'totality' 'manifest Excess' 'uncharged or More Serious Offences in Sentencing']
['criminal Law' 'sentencing'] ['armed Robbery' 'break, Enter and Steal' 'form 1 Offences' 'leave to Appeal Against Sentence' 'parity Between Co Offenders' 'totality' 'manifest Excess' 'uncharged or More Serious Offences in Sentencing']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give sufficient weight to the applicant's subjective case." 'Whether special circumstances should have been found.' "Whether the sentencing judge's observations about aggravated break, enter and steal charges and a stolen motor vehicle caused the sentencing process to miscarry by taking into account more serious or uncharged matters." 'Whether the applicant had a justifiable sense of grievance by comparison with the sentence imposed on co-offender PG.' 'Whether the effective sentence of 12 years with a non-parole period of 9 years was manifestly excessive.']

Ratio Decidendi

Although the sentencing judge's observations about possible aggravated charges and the uncharged stealing of a motor vehicle were unfortunate, they did not cause the sentencing process to miscarry. The judge was careful not to sentence for more serious uncharged offences, no meaningful parity comparison with PG could be made given the different charges and sentencing approaches, and the effective sentence of 12 years with a non-parole period of 9 years, though severe, was within the range properly open for the applicant's serious offending and criminal history.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']