Ellis v R [2010] NSWCCA 298

Ellis v R [2010] NSWCCA 298

The original sentences imposed were manifestly excessive, given the applicant's youth, prior good character, and significant prospects of rehabilitation; the error lay not in the disregarding of good character or rehabilitation but in imposing sentences disproportionately severe to those subjective factors and the circumstances of offending, warranting reduction.

Parties
Applicant: Cameron Antony Ellis; Respondent: Regina
Jurisdiction
Australia
Judgment Date
17 December 2010
Procedural Posture
Appeal Against Sentence / Judgment Following Hearing of Leave Application and Appeal
Outcome
Application for leave to appeal granted; appeal allowed; re-sentencing ordered.
Legal Topics
Appeal Against Severity of Sentence, Commercial Supply of Ecstasy, Good Character, Youth, Prospects of Rehabilitation, Assessment of Objective Seriousness, Standard Non Parole Period, Manifestly Excessive Sentence
Criminal Law Appeal Against Severity of Sentence Commercial Supply of Ecstasy Good Character Youth Prospects of Rehabilitation Assessment of Objective Seriousness Standard Non Parole Period +1 more

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Parties

Cameron Antony Ellis

Applicant

Regina

Respondent

Procedural Posture

Appeal Against Sentence / Judgment Following Hearing of Leave Application and Appeal

Legal Issues

  1. 1 Whether sentencing judge erred in approach to prior good character
  2. 2 Whether sentencing judge gave insufficient weight to applicant's youth
  3. 3 Whether sentencing judge gave insufficient weight to prospects of rehabilitation

Ratio Decidendi

The original sentences imposed were manifestly excessive, given the applicant's youth, prior good character, and significant prospects of rehabilitation; the error lay not in the disregarding of good character or rehabilitation but in imposing sentences disproportionately severe to those subjective factors and the circumstances of offending, warranting reduction.

Court Disposition

Application for leave to appeal granted; appeal allowed; re-sentencing ordered.

Orders

  • The sentence for supply prohibited drug (8 June – 20 September 2008) of imprisonment for a fixed term of 2 years 6 months from 17 September 2009 and expiring on 16 March 2012 is confirmed.
  • The remaining sentences imposed in the District Court are quashed; new sentences imposed as follows: supply commercial quantity of prohibited drug (14 August 2008): imprisonment with non-parole period of 4 years and balance of 3 years, commencing 17 March 2010, non-parole expiration 16 March 2014, total term...