Grover v R; Grover v R [2014] NSWCCA 315

Grover v R; Grover v R [2014] NSWCCA 315

The sentencing judge's error in determining the large commercial quantity for methylamphetamine and an uncritical approach to harm led to a mischaracterisation of the objective seriousness as above mid-range, resulting in manifestly excessive sentences. The appropriate assessment is mid-range, and re-sentencing is required reflecting that finding and the applicants' subjective circumstances.

Jurisdiction
Australia
Judgment Date
19 December 2014
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence and Resentencing
Outcome
Appeal allowed, sentences on supply counts quashed and replaced, leave to appeal granted.
Legal Topics
['sentencing' 'drug Offences' 'appeal Against Sentence' 'possession of Precursor' 'supply of Prohibited Drug' 'objective Seriousness' 'totality' 'parity']
['criminal Law'] ['sentencing' 'drug Offences' 'appeal Against Sentence' 'possession of Precursor' 'supply of Prohibited Drug' 'objective Seriousness' 'totality' 'parity']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence and Resentencing

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessment of objective seriousness for supply of pseudoephedrine' 'Whether the sentences were manifestly excessive, individually and in aggregate' 'Whether totality and parity principles were properly applied']

Ratio Decidendi

The sentencing judge's error in determining the large commercial quantity for methylamphetamine and an uncritical approach to harm led to a mischaracterisation of the objective seriousness as above mid-range, resulting in manifestly excessive sentences. The appropriate assessment is mid-range, and re-sentencing is required reflecting that finding and the applicants' subjective circumstances.

Court Disposition

Appeal allowed, sentences on supply counts quashed and replaced, leave to appeal granted.

Orders

  • ['Leave to appeal granted for Daniel and Brian Grover.' 'Appeals allowed for both applicants.' 'Sentences on the possession count are confirmed.' 'Sentences on each of Counts 1, 2, and 3 of the second indictment (supply counts) are quashed and substituted as follows:' 'Daniel Grover — 9 years 6 months imprisonment...