Darcy v R [2019] NSWCCA 159

Darcy v R [2019] NSWCCA 159

No sentencing error was established. The evidence relied upon for remorse did not make the statutory preconditions in s 21A(3)(i) self-evident, especially where no remorse submission was made to the sentencing judge. The assessment of objective seriousness was open, the indicative sentences did not disclose error, and the aggregate sentence of 3 years and 9 months with a 2 year non-parole period was not unreasonable or plainly unjust having regard to the applicant's total criminality, conditional liberty, sentencing guideposts, general deterrence, and favourable subjective features including rehabilitation and special circumstances.

Jurisdiction
Australia
Judgment Date
19 July 2019
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Appeal Against Sentence From the District Court
Outcome
Leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['drug Supply' 'ongoing Drug Supply' 'proceeds of Crime' 'remorse as a Mitigating Factor' 'manifest Excess' 'objective Seriousness' 'aggregate Sentence' 'indicative Sentences' 'special Circumstances']
['criminal Law' 'sentencing' 'criminal Appeals'] ['drug Supply' 'ongoing Drug Supply' 'proceeds of Crime' 'remorse as a Mitigating Factor' 'manifest Excess' 'objective Seriousness' 'aggregate Sentence' 'indicative Sentences' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence and Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to give any weight to the applicant's remorse." 'Whether the aggregate sentence imposed for drug supply and proceeds of crime offences was manifestly excessive.' 'Whether the sentencing judge erred in assessing the objective seriousness of the ongoing supply offence and the supply offence.' 'Whether disparity between the indicative sentences for the two drug supply offences indicated error.']

Ratio Decidendi

No sentencing error was established. The evidence relied upon for remorse did not make the statutory preconditions in s 21A(3)(i) self-evident, especially where no remorse submission was made to the sentencing judge. The assessment of objective seriousness was open, the indicative sentences did not disclose error, and the aggregate sentence of 3 years and 9 months with a 2 year non-parole period was not unreasonable or plainly unjust having regard to the applicant's total criminality, conditional liberty, sentencing guideposts, general deterrence, and favourable subjective features including rehabilitation and special circumstances.

Court Disposition

Leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal against sentence dismissed.']