Reported Decision:
142 A Crim R 307
New South Wales
Court of Criminal Appeal
CITATION: Regina v Allan Wayne SCHODDE [2003] NSWCCA 164 HEARING DATE(S): 7/5/03 JUDGMENT DATE:
25 June 2003JUDGMENT OF: Giles JA at 1; Bell J at 2; Carruthers AJ at 35 DECISION: Extend the time in which to bring the application; Grant the application; Allow the appeal and quash the sentences imposed in the District Court and in lieu thereof substitute the following sentences; (i) count 1 - three years imprisonment to date from 30 October 2002 and to expire on 29 October 2005. Specify a non-parole period of eighteen months and direct the applicant's release on parole at the expiration of the non-parole period on 29 April 2004; (ii) counts 2, 3 & 4 - six months imprisonment to date from 30 October 2002 and to expire on 29 April 2003; 4. Stay the execution of Order 3 for a period of fourteen days from today's date to allow the applicant the opportunity to make any application to this Court as he may be advised to make CATCHWORDS: Periodic detention - need to fix term of sentence before considering alternatives to full-time custody LEGISLATION CITED: Criminal Appeal Act 1912
Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985CASES CITED: Neal v The Queen (1982) 149 CLR 305
R v Bacon [2000] NSWCCA 549
R v Bang (unreported, NSWCCA, 1 September 1992)
R v Butcher [2001] NSWCCA 188
R v CBK [2002] NSWCCA 457
R v Fogg [2002] NSWCCA 395
R v Foster [2001] NSWCCA 215
R v Hanslow [2002] NSWCCA 161
R v Hennock [2002] NSWCCA 229
R v Hofer [2001] NSWCCA 544
R v JCE [2000] NSWCCA 498; 120 A Crim R 18
R v Kym [2002] NSWCCA 235
R v McHugh (1985) 1 NSWLR 588
R v Meyer [2002] NSWCCA 451
R v Parsons & Poore [2002] NSWCCA 296
R v Sadebath (unreported, NSWCCA, 14 May 1992)
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
R v Smiroldo [2002] NSWCCA 120; 112 A Crim R 47
R v Smith [2002] NSWCCA 378
R v Sommerville (1995) 36 NSWLR 184
R v Wegener [1999] NSWCCA 405
R v Zamagias [2002] NSWCCA 17PARTIES :
Regina
Allan Wayne SCHODDE (Applicant)FILE NUMBER(S): CCA 60105/03 COUNSEL: LMB Lamprati
Helen Cox (Applicant)SOLICITORS: SE O'Connor
DJ Humphreys
LOWER COURTJURISDICTION: District Court LOWER COURT FILE NUMBER(S): 02/71/0900 LOWER COURT
JUDICIAL OFFICER :Coorey DCJ
60105/03
Wednesday 25 June 2003GILES JA
BELL J
CARRUTHERS AJ
1 GILES JA: I agree with Bell J.
2 BELL J: I have had the benefit of reading in draft form the judgment of Carruthers AJ. I gratefully adopt his Honour’s statement of the facts.
3 The sole ground of appeal filed prior to the hearing of the application was that his Honour Judge Coorey (the Judge) erred in failing to backdate the sentence to the date…
Continue reading R v Schodde
Sign in free to access the full text
- AGLC
- R v Schodde [2003] NSWCCA 164
- Case
- [2003] NSWCCA 164
- Decision Date
CaseChat Overview and Summary
The court found that the sentencing court was indeed required to fix the term of the sentence, including the period of periodic detention, before considering alternatives to full-time custody. The court held that the sentencing court must first determine the appropriate term of imprisonment, including the period of periodic detention, before considering whether to impose that term as full-time custody or as a combination of full-time custody and periodic detention. The court emphasised the importance of ensuring that the sentence imposed is just and appropriate, and that this requires the sentencing court to consider all available options before imposing a term of imprisonment.
In light of this decision, the court quashed Schodde's sentence and remitted the matter to the sentencing court for re-sentencing. The court emphasised that the sentencing court must now fix the term of Schodde's sentence, including the period of periodic detention, before considering whether to impose that term as full-time custody or as a combination of full-time custody and periodic detention. The court also noted that the sentencing court must ensure that it has considered all available options before imposing a term of imprisonment.
In summary, the High Court of Australia held that the sentencing court is required to fix the term of a sentence, including the period of periodic detention, before considering alternatives to full-time custody. This decision emphasises the importance of ensuring that sentences are just and appropriate, and that the sentencing court must consider all available options before imposing a term of imprisonment.
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.