Blankevoort v R [2022] NSWDC 571

Blankevoort v R [2022] NSWDC 571

The original sentence did not allow an adequate discount for the plea of guilty. The appropriate discount was 20%, resulting in a head sentence of 19 months with a non-parole period of 12 months; accordingly, the appeal was allowed and the sentence re-set.

Parties
Appellant: Christopher Blankevoort; Respondent: R
Jurisdiction
Australia
Judgment Date
02 August 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed
Legal Topics
Appeal – Severity of Sentence, Drug Trafficking, Appropriate Reductions for Guilty Plea
Criminal Law Appeal – Severity of Sentence Drug Trafficking Appropriate Reductions for Guilty Plea

Case Brief

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Parties

Christopher Blankevoort

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial sentence ordered was appropriate
  2. 2 Whether an appropriate reduction for plea of guilty was applied

Ratio Decidendi

The original sentence did not allow an adequate discount for the plea of guilty. The appropriate discount was 20%, resulting in a head sentence of 19 months with a non-parole period of 12 months; accordingly, the appeal was allowed and the sentence re-set.

Court Disposition

Appeal allowed

Orders

  • The sentence imposed by the Local Court at Waverley on 18 May 2022 is set aside.
  • The Appellant is sentenced to a non-parole period of 12 months commencing on 19 November 2021 and expiring on 18 November 2022.