Gurin v R [2022] NSWCCA 193

Gurin v R [2022] NSWCCA 193

A 10% discount under s 25D(2)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not apply where the first day fixed for trial is not 'vacated' in the sense of adjourned before commencement, but rather where the trial is aborted after commencement; only a 5% discount is available in such circumstances.

Jurisdiction
Australia
Judgment Date
14 September 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
['sentencing' 'sentencing Discount for Guilty Plea' 'utilitarian Value of Guilty Plea']
['criminal Law'] ['sentencing' 'sentencing Discount for Guilty Plea' 'utilitarian Value of Guilty Plea']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the applicant's plea of guilty warranted a 10% reduction for utilitarian value pursuant to s 25D(2)(b)(i) of the Crimes (Sentencing Procedure) Act 1999 (NSW)"]

Ratio Decidendi

A 10% discount under s 25D(2)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW) does not apply where the first day fixed for trial is not 'vacated' in the sense of adjourned before commencement, but rather where the trial is aborted after commencement; only a 5% discount is available in such circumstances.

Court Disposition

Appeal dismissed

Orders

  • ['Leave to appeal from sentence granted' 'Appeal dismissed']