BUTTON v R [2010] NSWCCA 264

BUTTON v R [2010] NSWCCA 264

The applicant demonstrated practical injustice by showing that the sentencing judge went beyond a mere indication and announced a sentence he was going to impose, then did not offer opportunity for further submission before departing from it; this amounted to denial of procedural fairness, warranting quashing and replacement of the sentence.

Parties
Applicant: Brett Michael Button; Respondent: Regina
Jurisdiction
Australia
Judgment Date
11 November 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed; substituted sentence imposed; applicant to be released forthwith.
Legal Topics
Appeal Against Sentence, Denial of Procedural Fairness, Manifest Excess, Drug Offences
Criminal Law Appeal Against Sentence Denial of Procedural Fairness Manifest Excess Drug Offences

Case Brief

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Parties

Brett Michael Button

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the applicant was denied procedural fairness during the sentencing proceedings
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The applicant demonstrated practical injustice by showing that the sentencing judge went beyond a mere indication and announced a sentence he was going to impose, then did not offer opportunity for further submission before departing from it; this amounted to denial of procedural fairness, warranting quashing and replacement of the sentence.

Court Disposition

Appeal allowed; sentence quashed; substituted sentence imposed; applicant to be released forthwith.

Orders

  • Leave to appeal granted.
  • Appeal allowed.