Cassar v R [2013] NSWCCA 147

Cassar v R [2013] NSWCCA 147

The appellate court determined that the sentencing judge's evaluation and discount for assistance was reasonably open on the evidence before her. Subsequent events and evaluations are not relevant to appellate determination unless within the narrow established exception for post-sentence medical evidence. No error was established in the first instance proceedings, and the single ground of appeal was not upheld.

Parties
Applicant: Charles Michael Cassar; Respondent: Regina
Jurisdiction
Australia
Judgment Date
27 June 2013
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appellate Judgment
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentence Discount for Assistance to Authorities, Post Sentence Events in Sentence Evaluation, Appellate Review of Sentencing, Drug Offences, False Passport Offences, Proceeds of Crime
Criminal Law Sentence Discount for Assistance to Authorities Post Sentence Events in Sentence Evaluation Appellate Review of Sentencing Drug Offences False Passport Offences Proceeds of Crime

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Parties

Charles Michael Cassar

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appellate Judgment

Legal Issues

  1. 1 Whether the combined discount for plea of guilty and assistance to authorities was insufficient
  2. 2 Whether post-sentence events and subsequent evaluation of assistance value are relevant and admissible in appellate review
  3. 3 Whether the evaluation of assistance as 'low' by sentencing judge was erroneous

Ratio Decidendi

The appellate court determined that the sentencing judge's evaluation and discount for assistance was reasonably open on the evidence before her. Subsequent events and evaluations are not relevant to appellate determination unless within the narrow established exception for post-sentence medical evidence. No error was established in the first instance proceedings, and the single ground of appeal was not upheld.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted.
  • Appeal dismissed.