Read the full judgment text of CACC 000081/2004 on BabelCite. This Court of Appeal judgment was delivered on 24 August 2004 before Stuart-Moore VP, Stock JA.
Burglary – two adjoining commercial premises broken into in September 2001 – professional and planned – applicant's DNA on discarded can – applicant had three prior burglary convictions – District Court sentenced 3 years on each count with 2 years consecutive, total 5 years – application for leave to appeal against sentence on ground of manifest excessiveness – Court of Appeal considered normal tariff (2.5 years) and aggravating factors including professional nature and bad record – held sentence not manifestly excessive but due to delay in processing DNA evidence resulting in separate 20-month sentence for later burglary, total would be too high – principle of totality applied – sentence on charge 2 reduced from 3 years to 4 years 4 months – sentences ordered concurrent – effective total 4 years 4 months (reduction of 8 months) – appeal allowed.
Legal issues: Manifest excessiveness of sentence / totality principle
Outcome: Appeal allowed; sentence reduced from 5 years to 4 years 4 months.
Cited by 17 cases · Cites 2 cases