Mansour v R [2011] NSWCCA 28

Mansour v R [2011] NSWCCA 28

The sentencing judge erred by treating certain aggravating factors as relevant when they were elements or inherent characteristics of the offences. These material errors justify appellate intervention and resentencing. The proper sentence for count 1 is reduced, and the applicant is eligible for parole as ordered.

Jurisdiction
Australia
Judgment Date
02 March 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentence allowed, sentence for count 1 quashed and replaced; other sentences confirmed.
Legal Topics
['sentencing' 'ongoing Supply of Cocaine' 'aggravating Factors' 'manifest Excess' 'resentencing']
['criminal Law'] ['sentencing' 'ongoing Supply of Cocaine' 'aggravating Factors' 'manifest Excess' 'resentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether error in taking into account aggravating factors under s 21A(2) Crimes (Sentencing Procedure) Act 1999' 'Whether disregard for public safety is an inherent characteristic of ongoing supply offences' 'Whether planning exceeded the ordinary expectations' 'Whether material error established justifying appellate intervention' 'Whether offence of deemed supply can be part of an offence of ongoing drug supply']

Ratio Decidendi

The sentencing judge erred by treating certain aggravating factors as relevant when they were elements or inherent characteristics of the offences. These material errors justify appellate intervention and resentencing. The proper sentence for count 1 is reduced, and the applicant is eligible for parole as ordered.

Court Disposition

Appeal against sentence allowed, sentence for count 1 quashed and replaced; other sentences confirmed.

Orders

  • ['Leave to extend time to appeal be granted.' 'Leave to appeal be granted.' 'Appeal against sentence allowed.' 'Quash the sentence imposed for count 1.' 'In lieu thereof, sentence the applicant to imprisonment with a non-parole period of 4 years 3 months commencing 27 October 2007 and expiring 26 January 2012 with a...