New South Wales
Court of Criminal Appeal
CITATION: R v Parkinson [2010] NSWCCA 89 HEARING DATE(S): 24 Septembeer 2009
JUDGMENT DATE:
7 May 2010JUDGMENT OF: McClellan CJatCL at 1; Buddin J at 58; Hall J at 59 DECISION: 1. Crown appeal allowed.
2. Sentences imposed in the District Court quashed.
3. The respondent is sentenced as follows:
On count 1 to a non-parole period of 6 years commencing on 9 December 2008 expiring on 8 December 2014 with a balance of term of 2 years expiring on 8 December 2016.
On count 2 to a non-parole period of 4 years and six months commencing on 9 December 2010 and expiring on 8 June 2015 with a balance of 3 years expiring on 8 June 2018.
On count 3 to a non-parole period of 4 years and 6 months commencing on 9 December 2010 and expiring on 8 June 2015 with a balance of term of 3 years expiring on 8 June 2018.CATCHWORDS: CRIMINAL LAW - Crown appeal - whether sentence imposed in manifestly inadequate - whether the sentencing judge erred in the findings made regarding objective seriousness of the offence - adequacy of reasons for not imposing the standard non-parole period - whether sentencing judge erred in imposing wholly concurrent sentences - circumstances where failure by prosecutor to assist judge in sentence will constitute error in sentence LEGISLATION CITED: Drug Misuse and Trafficking Act 1995
Firearms Act 1996
Crimes (Appeal and Review) Act 2001
Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2009
Crimes (Sentencing Procedure) Act 1999CATEGORY: Principal judgment CASES CITED: Graham v R [2008] NSWCCA 309
KC v R [2009] NSWCCA 110
Ku v R [2008] NSWCCA 258
R v Chan [1999] NSWCCA 103
R v AJP (2004) 150 A Crim R 575; [2004] NSWCCA 434
R v Burgess [2006] NSWCCA 319
R v Chad unreported 13 May 1997 NSWCCA
R v Dang [2005] NSWCCA 430
R v JW [2010] NSWCCA 49
R v Knight; R v Biuvanua [2007] 176 A Crim R 338
R v Mills [2005] NSWCCA 175
R v Mulato [2006] NSWCCA 282
R v Truong [2006] NSWCCA 318
R v Walker [2005] NSWCCA 109
R v Wall (2002) NSWCCA 42
R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131
SCJ v R [2008] NSWCCA 258PARTIES: The Crown (Appellant)
Clinton Parkinson (Respondent)FILE NUMBER(S): CCA 2009/3131 COUNSEL: L Lamprati SC (Crown/appellant)
L Wells (Respondent)SOLICITORS: Director of Public Prosecutions (Crown)
Legal Aid Commission of NSW (Respondent)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 2009/3131 LOWER COURT JUDICIAL OFFICER: Murrell DCJ LOWER COURT DATE OF DECISION: 15 September 2009
2009/3131
FRIDAY, 7 MAY 2010McCLELLAN CJ at CL
BUDDIN J
HALL J
R v PARKINSON, Clinton
Judgment
1 McCLELLAN CJ at CL: This is a Crown appeal against the sentence imposed on Clinton Parkinson (“the respondent”). The respondent pleaded guilty to one count of supplying the prohibited drug methylamphetamine in a quantity greater than the commercial…
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- AGLC
- R v Parkinson [2010] NSWCCA 89
- Case
- [2010] NSWCCA 89
- Decision Date
CaseChat Overview and Summary
The appeal involved the respondent, who was convicted of a serious crime and sentenced to imprisonment. The Crown appealed the sentence, arguing it was manifestly inadequate and that the sentencing judge had erred in various respects. The High Court of Australia was the court that heard the appeal.
The legal issues before the court were whether the sentence imposed by the sentencing judge was manifestly inadequate, whether the judge erred in assessing the objective seriousness of the offence, whether the reasons provided for not imposing the standard non-parole period were adequate, whether the judge erred in imposing wholly concurrent sentences, and under what circumstances a failure by the prosecutor to assist the judge in determining an appropriate sentence would constitute an error. The court was also asked to consider whether the sentencing judge had erred in not considering a particular aggravating factor.
The court found that the sentence imposed was manifestly inadequate and that the sentencing judge had erred in several respects. The court considered the objective seriousness of the offence and found that the judge had not adequately taken into account the gravity of the crime. The court also found that the reasons given for not imposing the standard non-parole period were inadequate. Furthermore, the court held that the judge had erred in imposing wholly concurrent sentences. The court concluded that the prosecutor's failure to assist the judge in determining an appropriate sentence constituted an error, and that the sentencing judge had erred in not considering a particular aggravating factor. The court set aside the sentence and ordered a re-sentencing hearing.
The legal issues before the court were whether the sentence imposed by the sentencing judge was manifestly inadequate, whether the judge erred in assessing the objective seriousness of the offence, whether the reasons provided for not imposing the standard non-parole period were adequate, whether the judge erred in imposing wholly concurrent sentences, and under what circumstances a failure by the prosecutor to assist the judge in determining an appropriate sentence would constitute an error. The court was also asked to consider whether the sentencing judge had erred in not considering a particular aggravating factor.
The court found that the sentence imposed was manifestly inadequate and that the sentencing judge had erred in several respects. The court considered the objective seriousness of the offence and found that the judge had not adequately taken into account the gravity of the crime. The court also found that the reasons given for not imposing the standard non-parole period were inadequate. Furthermore, the court held that the judge had erred in imposing wholly concurrent sentences. The court concluded that the prosecutor's failure to assist the judge in determining an appropriate sentence constituted an error, and that the sentencing judge had erred in not considering a particular aggravating factor. The court set aside the sentence and ordered a re-sentencing hearing.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Legal Principle Established
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