R v SIMON [2003] NSWCCA 147

R v SIMON [2003] NSWCCA 147

The sentencing Judge gave no adequate reason for selecting a ten per cent utilitarian discount at the bottom of the range where the applicant pleaded guilty at the earliest opportunity, and that discount was unreasonable and unjust. On re-sentencing, the Court applied a twenty per cent discount, made an adjustment for the absence of remissions, and further reduced the sentence because Rosacea made imprisonment a peculiar hardship, while maintaining a non-parole period proportionate to the seriousness of the commercial quantity MDMA importation.

Jurisdiction
Australia
Judgment Date
23 June 2003
Procedural Posture
Criminal Sentence Appeal; Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Leave Granted, Appeal Allowed and Applicant Re Sentenced
Outcome
Leave granted; appeal allowed; sentence quashed; applicant re-sentenced to imprisonment for four years and six months with a non-parole period of two years and six months.
Legal Topics
['importing Commercial Quantity of Mdma' 'drug Courier Sentencing' 'discount for Early Plea of Guilty' 'ill Health and Hardship in Custody' 'non Parole Period' 'federal Offenders' 'absence of Remissions' 'deportation After Release']
['criminal Law' 'sentencing' 'drug Importation'] ['importing Commercial Quantity of Mdma' 'drug Courier Sentencing' 'discount for Early Plea of Guilty' 'ill Health and Hardship in Custody' 'non Parole Period' 'federal Offenders' 'absence of Remissions' 'deportation After Release']

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Procedural Posture

Criminal Sentence Appeal; Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Leave Granted, Appeal Allowed and Applicant Re Sentenced

Legal Issues

  1. 1 ["Whether a ten per cent discount for the applicant's early plea of guilty was inadequate." "Whether the applicant's Rosacea and its effect on the hardship of imprisonment should be taken into account on re-sentencing." 'Whether an adjustment should be made for the absence of remission laws despite the repeal of s16G of the Crimes Act 1914 (Cth).' 'Whether possible deportation after release should affect the non-parole period.']

Ratio Decidendi

The sentencing Judge gave no adequate reason for selecting a ten per cent utilitarian discount at the bottom of the range where the applicant pleaded guilty at the earliest opportunity, and that discount was unreasonable and unjust. On re-sentencing, the Court applied a twenty per cent discount, made an adjustment for the absence of remissions, and further reduced the sentence because Rosacea made imprisonment a peculiar hardship, while maintaining a non-parole period proportionate to the seriousness of the commercial quantity MDMA importation.

Court Disposition

Leave granted; appeal allowed; sentence quashed; applicant re-sentenced to imprisonment for four years and six months with a non-parole period of two years and six months.

Orders

  • ['Grant leave to appeal;' 'Appeal allowed;' 'Quash the sentence imposed by Acting Judge Andrew on 10 August 2001;' 'In lieu thereof, the appellant, Christina Marie Simon, is sentenced to a term of imprisonment of four years and six months to commence on 11 April 2001 and expire on 10 October 2005 with a non-parole...