R v Sheen

[2005] VSCA 296

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Offences committed whilst on parole
4. › Obligation to consider possibility of parole cancellation
5. › Whether sentencing judge required to take into account outstanding parole period
6. › Sentencing Act 1991 (Vic), ss 15(1), 16(3B)
1. Criminal Law
2. › Sentencing
3. › Resentencing on appeal
4. › Reopening of sentencing discretion
5. › Relevant considerations including rehabilitation efforts and totality with interstate sentence

Quick Take

When sentencing an offender who committed offences while on parole, the sentencing judge must be alerted to and must take into account the possibility that the Parole Board will cancel parole and require the offender to serve some or all of the outstanding parole period. Failure to do so constitutes error that reopens the sentencing discretion on appeal. The circumstances in which a person became addicted to drugs may be taken into account as bearing on moral culpability.