R v Plummer [2000] NSWCCA 363

R v Plummer [2000] NSWCCA 363

Leave to withdraw the guilty plea was refused as there was no miscarriage of justice; underestimation of sentence by legal representatives does not warrant withdrawal. However, the original sentences were found to be excessive when the totality principle was applied, and new, lesser sentences were substituted under the Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
12 September 2000
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted; sentences varied as per orders.
Legal Topics
['plea Withdrawal' 'sentencing' 'totality Principle']
['criminal Law'] ['plea Withdrawal' 'sentencing' 'totality Principle']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ['Whether the appellant should be permitted to withdraw his guilty plea to supplying a prohibited drug' 'Whether the sentences imposed were manifestly excessive, particularly having regard to the totality principle']

Ratio Decidendi

Leave to withdraw the guilty plea was refused as there was no miscarriage of justice; underestimation of sentence by legal representatives does not warrant withdrawal. However, the original sentences were found to be excessive when the totality principle was applied, and new, lesser sentences were substituted under the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted; sentences varied as per orders.

Orders

  • ['Leave to withdraw guilty plea to supply charge refused' 'Appeal against conviction dismissed' 'Leave to appeal sentence granted' 'On escape from lawful custody: fixed term 18 months from 18 October 1998 to 17 April 2000' 'On supply prohibited drug and further offences: five years imprisonment from 18 April 2000,...