In the Matter of the Attorney General's Application (No 1) Under s26 of the Criminal Appeal ACT; R v Ponfield; R v Scott; R v Ryan; R v Johnson

(1999) 48 NSWLR 327; [1999] NSWCCA 435

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Guideline judgments
4. › Appropriateness of guideline judgment
5. › Prevalence of offence
6. › Inconsistency in sentencing
7. › Whether guideline judgment should be issued
8. › Criminal Procedure Act 1986 (NSW), s 26
1. Criminal Law
2. › Sentencing
3. › Guideline judgments
4. › Type of guideline
5. › Whether quantitative guideline appropriate
6. › Diversity of circumstances
7. › Majority of cases heard in Local Court
8. › Non-quantitative guideline adopted
1. Criminal Law
2. › Sentencing
3. › Guideline judgments
4. › Content of guideline
5. › Factors of aggravation enhancing seriousness
6. › Factors of mitigation
7. › Guilty plea discount
8. › Crimes Act 1900 (NSW), s 112(1)
1. Criminal Law
2. › Particular offences
3. › Property offences
4. › Breaking entering and stealing
5. › Crimes Act 1900 (NSW), s 112(1)
6. › Maximum penalty of 14 years
7. › Relationship between maximum penalty and sentencing where offence covers full range of felonies

Quick Take

For offences under s 112(1) of the Crimes Act 1900 (NSW), sentencing courts must have regard to eleven specified factors of aggravation that enhance seriousness with accumulative effect, together with mitigating factors including genuine remorse, rehabilitative steps, and the guilty plea discount. No quantitative starting point or range is prescribed. The guideline applies across all jurisdictions including the Local Court. Drug and alcohol addiction is a relevant circumstance but not of itself a mitigating factor.