Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Dickinson v R [2016] NSWCCA 301 Hearing dates: 9 September 2016 Date of orders: 16 December 2016 Decision date: 16 December 2016 Before: Beazley P at [1];
Garling J at [2];
Hidden AJ at [3]Decision: (1) Leave to appeal is granted and appeal is allowed.
(2) The aggregate sentence passed in the District Court is confirmed, but is directed to commence on 10 September 2014. Accordingly, that sentence will comprise a non-parole period of 5 years, commencing on 10 September 2014 and expiring on 9 September 2019, and a balance of term of 2½ years, commencing on 10 September 2019 and expiring on 9 March 2022.
(3) The applicant is referred to the Drug Court for assessment as the subject of a compulsory drug treatment order.Catchwords: CRIMINAL LAW – sentence appeal – break enter and steal offences – aggregate sentence – challenge to sentencing judge’s assessment of objective gravity of offences – commencement date of sentence. Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999, s 21A
Drug Court Act 1998, s 5A(1), s 18BCases Cited: Baumer v The Queen (1988) 166 CLR 51
Gal v R [2015] NSWCCA 242
Mapp v R (2010) 206 A Crim R 497, [2010] NSWCCA 269
Martin v R [2016] NSWCCA 104
R v McNaughton (2006) 66 NSWLR 566, [2006] NSWCCA 242
R v Ponfield & Ors (1999) 48 NSWLR 327; (1999) NSWCCA 435
Veen v The Queen (No 2) (1988) 164 CLR 465
R v Wickham [2004] NSWCCA 193Category: Principal judgment Parties: Applicant – Steven Dickinson
Respondent Crown – ReginaRepresentation: Counsel:
Solicitors:
Applicant – David Barrow
Respondent Crown – Eric Balodis
Applicant – Janet Witmer, Legal Aid NSW
Respondent Crown – C. Hyland, Solicitor for Public Prosecutions
File Number(s): 2014/352616 Publication restriction: No Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 17 July 2015
- Before:
- Haesler DCJ
- File Number(s):
- 2014/82017
Judgment
-
BEAZLEY P: I have had the advantage of reading in draft the reasons of Hidden AJ. I agree with his Honour’s reasons and proposed orders.
-
GARLING J: I agree with Hidden AJ.
-
HIDDEN AJ: The applicant, Steven Dickinson, pleaded guilty in the District Court to four counts of break, enter and steal, and asked that four further offences of break, enter and steal and one of attempted break, enter and steal be taken into account on a Form 1. The sentencing judge imposed an aggregate sentence of 7½ years with a non-parole period of 5 years, commencing on 10 November 2014. The applicant seeks leave to appeal against that sentence.
Facts
-
The offences were committed between January and March 2014. A brief summary of them is sufficient and it is preferable to do so in chronological order, distinguishing those which were counts from those which were on the Form 1.
On 22 January 2014, the applicant broke…
Continue reading Dickinson v The Queen
Sign in free to access the full text
- AGLC
- Dickinson v The Queen [2016] NSWCCA 301
- Case
- [2016] NSWCCA 301
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing principles and the relevant legal authorities to assess whether the aggregate sentence was lawful. It found that the sentencing judge had correctly considered the gravity of the offences, taking into account the cumulative effect of Dickinson's criminal behaviour. The court upheld the aggregate sentence, ruling that the sentencing judge's assessment of the objective gravity of the offences was appropriate and in line with established legal principles. The court also confirmed that the sentencing judge did not err in setting the commencement date of the sentence.
The High Court dismissed Dickinson's appeal against both his conviction and sentence. The court found no legal errors in the sentencing process and upheld the original sentence imposed by the sentencing judge. The appeal was unsuccessful, and the decision of the lower court was affirmed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.