Douglas, J.A. & Anor v The Queen [1995] FCA 411

CATCHWORDS CRIMINAL LAW - numerous property offences committed by two youths - several offences committed in company - a number of offences committed alone - pleas of guilty entered at first instance to all offences - additional offences requested to be taken into account in sentencing - period of imprisonment imposed at first instance - appeal against severity of sentences - relevant factors to be considered - nature of offences and degree of participation of co-offenders - age of offenders at the time offences were committed - degree of criminality exhibited by co-offenders - relevance of remorse - the effect of early plea of guilt upon discount in sentence - antecedents of offenders - relevance of offenders' disturbed and abusive family backgrounds in sentencing - relevance of drug abuse in relation to commission of offence and sentencing - failure of trial judge to adequately consider offenders' prospects for rehabilitation and efforts made by offender to rehabilitate himself - significance of the fact that some offences were committed while offenders were on bail -sentences imposed found to be manifestly excessive in light of offenders' youth and deprived family backgrounds - need for sentence to be both retributive and deterrent - consideration of deterrence should not mandate higher sentence than that warranted by totality of criminal conduct - appeal allowed - sentences appealed from set aside - new sentences substituted. R v Kelly (1993) 113 ALR 535 Talbot v R (1992) 34 FCR 100 R v Richards [1981] 2 NSWLR 464 R v Martin, unreported, NSW Court of Criminal Appeal, Hunt CJ at CL, Enderby and Allen JJ, 19 March 1992 ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY JASON ALLAN DOUGLAS v THE QUEEN ACT G4 of 1995 ANTHONY JOHN ALBONE v THE QUEEN ACT G6 of 1995 Coram: von Doussa, Higgins and Nicholson JJ Date: 4 April 1995 Place: Canberra