Pannowitz v R [2016] NSWCCA 13

Pannowitz v R [2016] NSWCCA 13

The sentencing judge expressly had regard to totality, was not required to refer specifically to Pearce v The Queen, and the partial accumulation did not disclose discretionary error, particularly because the applicant had three previous drug supply convictions and committed count 2 while on bail for count 1. The individual and overall sentences were not manifestly excessive given the seriousness of the drug supply offences, the Form 1 matters, the applicant's criminal history, and the aggravating circumstance that count 2 was committed on bail.

Jurisdiction
Australia
Judgment Date
15 February 2016
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against District Court Sentences
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['drug Supply' 'totality Principle' 'accumulation and Concurrency' 'manifest Excess' 'form 1 Matters' 'comparable Sentencing Cases']
['criminal Law' 'sentencing'] ['drug Supply' 'totality Principle' 'accumulation and Concurrency' 'manifest Excess' 'form 1 Matters' 'comparable Sentencing Cases']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against District Court Sentences

Legal Issues

  1. 1 ['Whether the sentencing judge failed to have proper regard to the totality principle in partially accumulating the sentences for two drug supply offences.' 'Whether the effective sentence and the individual sentences imposed were manifestly excessive.']

Ratio Decidendi

The sentencing judge expressly had regard to totality, was not required to refer specifically to Pearce v The Queen, and the partial accumulation did not disclose discretionary error, particularly because the applicant had three previous drug supply convictions and committed count 2 while on bail for count 1. The individual and overall sentences were not manifestly excessive given the seriousness of the drug supply offences, the Form 1 matters, the applicant's criminal history, and the aggravating circumstance that count 2 was committed on bail.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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