Horne v R [2014] NSWCCA 133

Horne v R [2014] NSWCCA 133

The sentencing judge erred by allowing only a 21 percent discount attributable to the guilty plea when the Criminal Case Conferencing Trial Act 2008 (NSW) required a mandatory 25 percent discount, and also erred in selecting a 13 year notional starting point that created unjustified disparity with the co-offender Shellabear. A lesser sentence was warranted, using a notional starting point of 11 years and 6 months and a combined discount of 42 percent, comprising 25 percent for the guilty plea and 17 percent for assistance to law enforcement authorities.

Jurisdiction
Australia
Judgment Date
23 July 2014
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal allowed; District Court sentence quashed; applicant resentenced to imprisonment with a non-parole period of 4 years and 2 months and an additional term of 2 years and 6 months; suppression and non-publication orders made.
Legal Topics
['discount for Guilty Plea' 'discount for Assistance to Authorities' 'parity Between Co Offenders' 'manifest Excess' 'remorse' 'delay' 'rehabilitation' 'suppression and Non Publication Orders' 'commercial Supply of Heroin']
['criminal Law' 'sentencing'] ['discount for Guilty Plea' 'discount for Assistance to Authorities' 'parity Between Co Offenders' 'manifest Excess' 'remorse' 'delay' 'rehabilitation' 'suppression and Non Publication Orders' 'commercial Supply of Heroin']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in calculating the combined discount for the applicant's guilty plea and assistance to authorities." 'Whether the Criminal Case Conferencing Trial Act 2008 (NSW) required a mandatory 25 percent discount for the guilty plea.' 'Whether the sentencing judge failed to properly take into account remorse, delay and rehabilitation.' 'Whether the notional starting point of 13 years produced unjustified disparity with the sentence imposed on the co-offender Shellabear.' 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

The sentencing judge erred by allowing only a 21 percent discount attributable to the guilty plea when the Criminal Case Conferencing Trial Act 2008 (NSW) required a mandatory 25 percent discount, and also erred in selecting a 13 year notional starting point that created unjustified disparity with the co-offender Shellabear. A lesser sentence was warranted, using a notional starting point of 11 years and 6 months and a combined discount of 42 percent, comprising 25 percent for the guilty plea and 17 percent for assistance to law enforcement authorities.

Court Disposition

Leave to appeal granted; appeal allowed; District Court sentence quashed; applicant resentenced to imprisonment with a non-parole period of 4 years and 2 months and an additional term of 2 years and 6 months; suppression and non-publication orders made.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Quash the sentence imposed in the District Court on 8th March 2013 and instead sentence the applicant to a term of imprisonment having a non parole period of 4 years and 2 months commencing on 19th February 2013 and expiring on 18th April 2017, and an additional term of...