CITATION: R v Stephen Martin Andrews [2005] NSWCCA 199
HEARING DATE(S): 20/05/2005
JUDGMENT DATE:
20 May 2005JUDGMENT OF: Simpson J at 24; Buddin J at 1; Hall J at 25
DECISION: Leave to appeal granted. Appeal allowed. Confirm the sentences imposed in respect of counts 1 - 5. Quash the sentence imposed in respect of count 6. In lieu thereof, sentence the applicant to a non-parole period of 2 years 2 months to commence on 20 March 2005 and to expire on 19 May 2007, with the total term being one of 3 years 4 months to commence on 20 March 2005 and to expire on 19 July 2008. The applicant will be eligible for parole on 19 May 2007.
CATCHWORDS: Sentence - multiple offences aggravated break, enter and steal - failure to give due weight to subjective matters.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act
CASES CITED: R v Ellis (1986) 6 NSWLR 603
R v Ponfield (1999) 48 NSWLR 327
R v Roby [2003] NSWCCA 242
Veen v The Queen (No2) (1988) 164 CLR 465PARTIES: Regina
Stephen Martin AndrewsFILE NUMBER(S): CCA 2005/280
COUNSEL: G Rowling (Crown)
A Francis (Applicant)SOLICITORS: S Kavanagh (Crown)
SE O'Connor (Applicant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/51/0018
LOWER COURT JUDICIAL OFFICER: Nield DCJ
2205/280
FRIDAY 20 MAY 2005SIMPSON J
BUDDIN J
HALL J
1 BUDDIN J: The applicant seeks leave to appeal against sentences which were imposed upon him in the District Court following his pleas of guilty in the Local Court to six offences of aggravated break enter and commit a serious indictable offence, namely larceny. The aggravating factor in each case was that the offence was committed in company. All but one of the offences were committed in the company of a man named Connor. The applicant committed the remaining offence in the company of a man named Parmenter. Parmenter, who was also involved in three of the five offences which the applicant committed with Connor, has not been arrested.
2 The applicant was sentenced to a fixed term of 2 years imprisonment, to date from 20 November 2003, in respect of count 1. He was sentenced to concurrent fixed terms of 2 years imprisonment, to commence on 20 May 2004, in respect of counts 2 and 3. He was sentenced to a fixed term of 2 years imprisonment, to commence on 20 November 2004, in respect of count 4. He was sentenced to a fixed term of 2 years imprisonment, to commence on 20 May 2005, in respect of count 5. Finally, in respect of count 6, he was sentenced to a term of 4 years imprisonment, to commence on 20 March 2005, with a non-parole period of 2 years 8 months which was also to commence on 20 March 2005. The total sentence will thus expire on 19 March 2009 and the non-parole period will expire on 19 November 2007. The effective overall sentence is accordingly…
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- Case
- [2005] NSWCCA 199
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentencing judge had properly considered the subjective matters relevant to the appellant's background, character, and circumstances, and whether this failure warranted a reduction in the sentence. The court needed to assess whether the sentence imposed was manifestly excessive or inadequate, taking into account the totality of the circumstances. The appellant's legal team submitted that the sentencing judge did not adequately weigh the subjective factors and, as a result, imposed a sentence that was harsher than it should have been.
The court reviewed the sentencing remarks of the trial judge and found that the subjective matters were indeed considered, albeit not as extensively as the appellant's counsel would have liked. The court held that while the trial judge may have placed less emphasis on certain subjective factors, this did not necessarily mean that the sentence was manifestly excessive. The court found that the sentence imposed was within the range of appropriate sentences for the offences committed and did not constitute a significant error in the application of the sentencing principles. Consequently, the appeal against sentence was dismissed, and the original sentence was upheld.
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