New South Wales
Court of Criminal Appeal
CITATION: R v Jared Deane PATERSON [2010] NSWCCA 233 HEARING DATE(S): 5 May 2010
JUDGMENT DATE:
14 October 2010JUDGMENT OF: Hodgson JA at 1; Rothman J at 2; Barr AJ at 69 DECISION: (i) The appeal is dismissed. CATCHWORDS: CRIMINAL LAW – appeal – sentence – Crown appeal – armed robbery and armed robbery with wounding – concurrent non-parole periods – manifest inadequacy – compelling subjective circumstances – sentence within range available to sentencing judge – no less severe sentence warranted LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912CATEGORY: Principal judgment CASES CITED: Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) [2002] NSWCCA 518; (2002) 56 NSWLR 146
Clare v The Queen [2008] NSWCCA 30; (2008) 181 A Crim R 450
Johnson v R [2004] HCA 15; (2004) 78 ALJR 616
Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59
Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610
R v Henry [1999] NSWCCA 111; (1999) 46 NSWLR 346
R v Henry [2007] NSWCCA 90
R v Tory [2006] NSWCCA 18
Veen v The Queen (No 2) [1988] HCA 14; (1988) 164 CLR 465PARTIES: Regina (Applicant)
Jared Deane Paterson (Respondent)FILE NUMBER(S): CCA 2009/59066 COUNSEL: M Cinque (Applicant)
R Burgess (Respondent)SOLICITORS: Office of the Director of Public Prosecutions (Applicant)
Legal Aid Commission of NSW (Respondent)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 2009/59066 LOWER COURT JUDICIAL OFFICER: Murrell DCJ LOWER COURT DATE OF DECISION: 14 December 2009
2009/59066
14 OCTOBER 2010HODGSON JA
ROTHMAN J
BARR AJ
1 HODGSON JA: I agree with Rothman J.
2 ROTHMAN J: The Crown appeals the sentence imposed on the Respondent, Jared Dean Paterson, in the District Court on 14 December 2009.
3 Mr Paterson pleaded guilty to two counts on the indictment for which he was charged on 1 December 2009: the first count charged armed robbery that occurred on 6 June 2009, in contravention of s 97 of the Crimes Act 1900; and the second count charged armed robbery with wounding that occurred on 22 June 2009, in contravention of s 98 of the Crimes Act. Mr Paterson also disclosed on a Form 1, to the second charge, an offence of break, enter and steal which occurred on 30 May 2009.
4 In relation to the first offence, Murrell SC DCJ sentenced Mr Paterson to a non-parole period of 3 years’ imprisonment to commence on 23 June 2009 and expire on 22 June 2012, with a balance of term of 12 months to expire on 22 June 2013.
5 For the second offence, taking into account the Form 1 offence, her Honour sentenced Mr Paterson to a non-parole period of 2 years’ imprisonment to commence on 23 June 2010 and expire on 22 June 2012,…
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- AGLC
- R v Jared Deane Paterson [2010] NSWCCA 233
- Case
- [2010] NSWCCA 233
- Decision Date
CaseChat Overview and Summary
The court needed to determine if the sentence imposed was manifestly inadequate and whether the compelling subjective circumstances were sufficient to justify a more severe sentence. The court also had to consider whether the sentence was within the range available to the sentencing judge and if a less severe sentence was warranted. The appeal hinged on the application of these principles and the court's interpretation of the appropriate sentence for the crimes committed.
The Court of Appeal found that while the offences were serious, the sentence was not manifestly inadequate. The court noted that the appellant's involvement was less central than that of the co-offenders, and the trial judge had considered this in the sentencing process. The court found that the sentence was within the range available to the sentencing judge and that no less severe sentence was warranted. The appeal was dismissed, and the original sentence was upheld.
No further orders were made by the Court of Appeal.
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