A v R [2020] NSWCCA 145

A v R [2020] NSWCCA 145

The appeal succeeded because the sentencing judge made House error by failing to allow any discount for the applicant's past assistance to police. The evidence, although described as vague and late, provided some assistance and corroboration, and the Crown accepted that the applicant was likely attacked in custody because of his assistance. That matter was material under s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW). Other grounds did not establish error: the District Court record error was a recording error, the weight misstatement did not have capacity to affect the outcome, the assessment of objective seriousness was open, the special circumstances finding was adequately...

Jurisdiction
Australia
Judgment Date
01 July 2020
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal Against Aggregate Sentence Imposed in the District Court of New South Wales; Re Sentence
Outcome
Leave to appeal granted; appeal against sentence allowed; original sentence quashed; applicant re-sentenced to 11 years 3 months imprisonment with a non-parole period of 7 years 11 months.
Legal Topics
['aggregate Sentence' 'prohibited Drug Supply' 'large Commercial Quantity of Methylamphetamine' 'assistance to Authorities' 'special Circumstances' 'parity and Disparity Between Co Offenders' 'objective Seriousness' 'indicative Sentences']
['criminal Law' 'sentencing' 'criminal Appeals'] ['aggregate Sentence' 'prohibited Drug Supply' 'large Commercial Quantity of Methylamphetamine' 'assistance to Authorities' 'special Circumstances' 'parity and Disparity Between Co Offenders' 'objective Seriousness' 'indicative Sentences']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal Against Aggregate Sentence Imposed in the District Court of New South Wales; Re Sentence

Legal Issues

  1. 1 ['Whether the District Court record incorrectly recorded the sentence and whether that was an error in sentence.' "Whether the sentencing judge's references to 1.145kg rather than 1.104kg of methylamphetamine had the capacity to affect the sentence." 'Whether the sentencing judge erred in assessing the objective seriousness of the supply of a large commercial quantity of methylamphetamine.' 'Whether the sentencing judge erred by failing to provide a discount for past assistance to police.' 'Whether the sentencing judge failed to give reasons for finding special circumstances or erred in determining special circumstances.' 'Whether the applicant had a justifiable sense of grievance because of disparity with sentences imposed on co-offenders B and C.' 'What sentence should be imposed on re-sentence.']

Ratio Decidendi

The appeal succeeded because the sentencing judge made House error by failing to allow any discount for the applicant's past assistance to police. The evidence, although described as vague and late, provided some assistance and corroboration, and the Crown accepted that the applicant was likely attacked in custody because of his assistance. That matter was material under s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW). Other grounds did not establish error: the District Court record error was a recording error, the weight misstatement did not have capacity to affect the outcome, the assessment of objective seriousness was open, the special circumstances finding was adequately...

Court Disposition

Leave to appeal granted; appeal against sentence allowed; original sentence quashed; applicant re-sentenced to 11 years 3 months imprisonment with a non-parole period of 7 years 11 months.

Orders

  • ['Leave to appeal granted.' 'Appeal against sentence allowed.' "Direct the Registrar of the District Court at Parramatta to amend the Court's record to correctly reflect the sentence imposed in the District Court of New South Wales on 6 March 2019." 'The sentence imposed in the District Court of New South Wales on 6...