A v R [2018] NSWCCA 289

A v R [2018] NSWCCA 289

Error was established in the sentencing judge's exercise of discretion regarding the quantification of discounts for assistance to law enforcement authorities under s 23. The error warranted the resentencing of the applicant, resulting in a lower aggregate sentence reflecting proper discounts while adhering to the requirement that the sentence not be unreasonably disproportionate to the seriousness of the offences.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Appeal allowed. Sentence quashed. Applicant resentenced.
Legal Topics
['sentencing' 'robbery in Company' 'supply of Commercial Quantity of Prohibited Drugs' 'assistance to Law Enforcement' 'quantum of Sentencing Discount']
['criminal Law'] ['sentencing' 'robbery in Company' 'supply of Commercial Quantity of Prohibited Drugs' 'assistance to Law Enforcement' 'quantum of Sentencing Discount']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentencing judge erred in applying s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW) to discounts for assistance to law enforcement authorities' 'Whether inadequate quantum of discount was applied for past and future assistance' 'Whether sentencing judge wrongly assumed assistance had been exhausted in earlier proceedings' 'Whether legitimate sense of grievance existed compared to sentence imposed on co-offender']

Ratio Decidendi

Error was established in the sentencing judge's exercise of discretion regarding the quantification of discounts for assistance to law enforcement authorities under s 23. The error warranted the resentencing of the applicant, resulting in a lower aggregate sentence reflecting proper discounts while adhering to the requirement that the sentence not be unreasonably disproportionate to the seriousness of the offences.

Court Disposition

Appeal allowed. Sentence quashed. Applicant resentenced.

Orders

  • ['Grant the applicant leave to appeal from the sentence imposed in the District Court on 8 March 2018.' 'Order that the appeal be allowed and that the sentence passed in the District Court on 8 March 2018 be quashed.' 'In lieu thereof, order that the applicant be sentenced to a term of imprisonment of nine years...