Brodie Jeet SINGH v R [2009] NSWCCA 129

Brodie Jeet SINGH v R [2009] NSWCCA 129

The sentence for supply of cannabis was excessive when viewed in light of the quantity supplied and the statutory maximum, and should be quashed and replaced with a lesser fixed term. The sentence for the s 25A MDMA offence, though high, was appropriate in the circumstances considering the totality and seriousness of the criminality, taking into account the applicant's pleas and charges. Disparity with the co-offender's more lenient sentence does not justify further reduction as the co-offender’s sentence was itself manifestly inadequate and not the benchmark for parity.

Jurisdiction
Australia
Judgment Date
29 April 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part
Legal Topics
['sentence Appeal' 'ongoing Supply of Mdma' 'supply of Cannabis' 'maximum Penalty' 'parity']
['criminal Law'] ['sentence Appeal' 'ongoing Supply of Mdma' 'supply of Cannabis' 'maximum Penalty' 'parity']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence for ongoing supply of MDMA was manifestly excessive' 'Whether the sentence for supply of cannabis was excessive' "Whether there is a justifiable sense of grievance due to parity with co-offender's sentence"]

Ratio Decidendi

The sentence for supply of cannabis was excessive when viewed in light of the quantity supplied and the statutory maximum, and should be quashed and replaced with a lesser fixed term. The sentence for the s 25A MDMA offence, though high, was appropriate in the circumstances considering the totality and seriousness of the criminality, taking into account the applicant's pleas and charges. Disparity with the co-offender's more lenient sentence does not justify further reduction as the co-offender’s sentence was itself manifestly inadequate and not the benchmark for parity.

Court Disposition

Appeal allowed in part

Orders

  • ['Leave to appeal is granted.' 'The sentence in respect of the supply of cannabis is quashed and in lieu the applicant is sentenced to a fixed term of 2 years from 16 November 2006 to 15 November 2008.' 'The sentence for the s 25A matter (ongoing supply of MDMA) is confirmed.']