Regina v Lawrence [2004] NSWCCA 404

Regina v Lawrence [2004] NSWCCA 404

The sentence imposed for the offence of hindering police (second count) was manifestly excessive due to an error in assessing the applicant's level of criminality and an inappropriate comparison to the facts of R v Derbas. The sentences should not have been made fully concurrent, and appropriate discounts should be given for the plea of guilty. The sentence for the second offence is quashed and a lesser, cumulative sentence is substituted.

Jurisdiction
Australia
Judgment Date
23 November 2004
Procedural Posture
Criminal Appeal / Determination of Appeal Against Sentence
Outcome
Appeal allowed in part; second count sentence quashed; new sentence imposed
Legal Topics
['sentencing' 'objective Seriousness' 'plea of Guilty Discount' 'concurrent Sentences' 'totality' 'hindering Police Investigation' 'stealing From Person' 'form 1 Offence']
['criminal Law'] ['sentencing' 'objective Seriousness' 'plea of Guilty Discount' 'concurrent Sentences' 'totality' 'hindering Police Investigation' 'stealing From Person' 'form 1 Offence']

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Procedural Posture

Criminal Appeal / Determination of Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed for the second count (hindering investigation) was manifestly excessive' 'Whether sentencing judge erred in the assessment of the objective criminality of the second count' "Whether sufficient weight was given to the applicant's plea of guilty and expressions of remorse" 'Whether sentences should have been imposed concurrently considering principles of totality']

Ratio Decidendi

The sentence imposed for the offence of hindering police (second count) was manifestly excessive due to an error in assessing the applicant's level of criminality and an inappropriate comparison to the facts of R v Derbas. The sentences should not have been made fully concurrent, and appropriate discounts should be given for the plea of guilty. The sentence for the second offence is quashed and a lesser, cumulative sentence is substituted.

Court Disposition

Appeal allowed in part; second count sentence quashed; new sentence imposed

Orders

  • ['The appeal is allowed in part and the sentence imposed for the second count is quashed.' 'In lieu, the applicant is sentenced to 2 years 6 months imprisonment to commence on 2 October 2004.' 'There is to be a non-parole period of 6 months to expire on 1 April 2005, the date upon which the applicant is eligible to...