Criminal Appeals; Backdated sentences to the revocation of parole; Concurrent Sentences; Medical issues of the offender
Facts: Armed Robbery
The respondent, CKG, was on parole when he committed two robbery offences. He was arrested, sentenced and imprisoned for a term of four years with a non-parole period of three years. His sentence was backdated to April 2016 fully concurrent with parole revocation. CKG had an early plea of guilty and he received a 25% discount on his sentences.
The Crown appealed CKG’s sentence on the basis of manifest inadequacy. They argued that there should have been no backdating, especially given the seriousness of the offences as alleged by the Crown.
Outcome: Court of Criminal Appeal: Crown Appeal for Inadequacy of Sentence
In the NSW Court of Criminal Appeal, O’Brien Solicitors argued on behalf of CKG. We said that the offences were not as serious as made out by the Crown. Even if considered within the middle range of seriousness the sentence handed down could not be manifestly inadequate.
The CCA accepted that notwithstanding the sentence being relatively lenient at first instance, it was not manifestly inadequate for CKG. CKG’s medical condition was then a relevant consideration to his prospects of rehabilitation. The Court dismissed the Crown’s appeal.
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