AYACHE, Baiyan v R [2013] NSWCCA 41

AYACHE, Baiyan v R [2013] NSWCCA 41

The sentencing judge's use of 'about 25 percent' discount was appropriate and within the range; no mathematical precision is required in sentencing. The sentence imposed is not unreasonable or plainly unjust, and all relevant mitigating circumstances were considered. Hence, the appeal should be dismissed.

Parties
Applicant: Baiyan Ayache; Respondent: Regina
Jurisdiction
Australia
Judgment Date
27 February 2013
Procedural Posture
Criminal Law – Sentence Appeal / Leave to Appeal and Appeal From District Court Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Discount for Plea of Guilty, Manifest Excess, Sentence Appeal, Supply of Prohibited Drug
Criminal Law Discount for Plea of Guilty Manifest Excess Sentence Appeal Supply of Prohibited Drug

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Parties

Baiyan Ayache

Applicant

Regina

Respondent

Procedural Posture

Criminal Law – Sentence Appeal / Leave to Appeal and Appeal From District Court Sentence

Legal Issues

  1. 1 Whether the applicant was entitled to a discount of 25 per cent for plea of guilty
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The sentencing judge's use of 'about 25 percent' discount was appropriate and within the range; no mathematical precision is required in sentencing. The sentence imposed is not unreasonable or plainly unjust, and all relevant mitigating circumstances were considered. Hence, the appeal should be dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed