Dunshea v R [2016] NSWCCA 244

Dunshea v R [2016] NSWCCA 244

The sentencing judge failed to address significant evidence of remorse, a distinct mitigating factor pursuant to s 21A(3)(i) Crimes (Sentencing Procedure) Act 1999, amounting to error; further, the sentence imposed created unjustified disparity when compared to co-offenders, warranting appellate intervention and resentencing.

Parties
Applicant: Aaron Dunshea; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
09 November 2016
Procedural Posture
Criminal Sentence Appeal / Determination of Sentence Appeal
Outcome
Leave to appeal granted; appeal allowed; sentence quashed; applicant resentenced.
Legal Topics
Sentence Appeal, Drug Supply (large Commercial Quantity), Remorse, Parity
Criminal Law Sentence Appeal Drug Supply (large Commercial Quantity) Remorse Parity

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Parties

Aaron Dunshea

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Sentence Appeal / Determination of Sentence Appeal

Legal Issues

  1. 1 Whether the sentencing judge failed to take into account evidence of the applicant's remorse
  2. 2 Whether there was unjustified disparity between the sentence of the applicant and that of co-offenders

Ratio Decidendi

The sentencing judge failed to address significant evidence of remorse, a distinct mitigating factor pursuant to s 21A(3)(i) Crimes (Sentencing Procedure) Act 1999, amounting to error; further, the sentence imposed created unjustified disparity when compared to co-offenders, warranting appellate intervention and resentencing.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed; applicant resentenced.

Orders

  • Sentence passed in the District Court quashed.
  • Applicant resentenced to an aggregate term of imprisonment for 9 years, comprising a non-parole period of 6 years and a balance of term of 3 years, commencing 5 July 2012.