Jones (a pseudonym) v R [2021] NSWCCA 225

Jones (a pseudonym) v R [2021] NSWCCA 225

The applicant was denied procedural fairness because the assistance material, which was relevant to sentence, was not provided to him or his counsel before or during the sentencing hearing in circumstances where counsel did not have a real choice based on a full understanding of the material. The applicant was therefore unable to test the material, determine its significance, or make submissions about the discount warranted for assistance to authorities. The sentence had to be quashed and the matter remitted for re-sentence.

Jurisdiction
Australia
Judgment Date
22 September 2021
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal From Sentence Imposed in the District Court of New South Wales
Outcome
Leave to appeal granted; appeal allowed; sentence quashed; matter remitted to the District Court for re-sentence.
Legal Topics
['appeal Against Sentence' 'denial of Procedural Fairness' 'assistance to Authorities' 'confidential Sentencing Material' 'suppression and Non Publication Orders' 'drug Supply Offences']
['criminal Law' 'sentencing' 'criminal Appeals' 'procedural Fairness'] ['appeal Against Sentence' 'denial of Procedural Fairness' 'assistance to Authorities' 'confidential Sentencing Material' 'suppression and Non Publication Orders' 'drug Supply Offences']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal From Sentence Imposed in the District Court of New South Wales

Legal Issues

  1. 1 ["Whether the applicant was denied procedural fairness because material describing the nature and extent of his assistance to authorities was provided to the sentencing judge but not to the applicant's legal representatives." 'Whether the applicant, through counsel, had a real choice to view the confidential assistance material and elected not to see it.' 'Whether the sentence should be quashed and the matter remitted to the District Court for re-sentence.']

Ratio Decidendi

The applicant was denied procedural fairness because the assistance material, which was relevant to sentence, was not provided to him or his counsel before or during the sentencing hearing in circumstances where counsel did not have a real choice based on a full understanding of the material. The applicant was therefore unable to test the material, determine its significance, or make submissions about the discount warranted for assistance to authorities. The sentence had to be quashed and the matter remitted for re-sentence.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed; matter remitted to the District Court for re-sentence.

Orders

  • ['Leave to appeal is granted.' 'The appeal is allowed.' 'The sentence imposed in the District Court is quashed.' 'The matter is remitted to the District Court for re-sentence pursuant to s 12(2) of the Criminal Appeal Act 1912 (NSW).']