R v MacGregor [2000] NSWCCA 552

R v MacGregor [2000] NSWCCA 552

The applicant's sentence of nine years imprisonment with a six year non-parole period was excessive, given his role as a collector sentenced on courier principles, his early guilty pleas, lack of prior convictions, good prospects of rehabilitation, the middle-range classification of ecstasy, and comparable sentencing decisions. Appellate intervention was also required because the sentence exceeded the starting point considered appropriate for Veith, whose criminality was at least comparable, creating a justifiable sense of grievance.

Jurisdiction
Australia
Judgment Date
08 December 2000
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal allowed. Applicant re-sentenced on the major charge.
Legal Topics
['attempting to Possess a Prohibited Import' 'ecstasy' 'manifest Excess' 'parity With Co Offender' 'non Parole Period']
['criminal Law' 'sentencing'] ['attempting to Possess a Prohibited Import' 'ecstasy' 'manifest Excess' 'parity With Co Offender' 'non Parole Period']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence of nine years imprisonment with a non-parole period of six years for attempting to possess a prohibited import was manifestly excessive.' "Whether there was unwarranted disparity between the applicant's sentence and the sentence imposed on co-offender Yougan Veith such as to engender a justifiable sense of grievance."]

Ratio Decidendi

The applicant's sentence of nine years imprisonment with a six year non-parole period was excessive, given his role as a collector sentenced on courier principles, his early guilty pleas, lack of prior convictions, good prospects of rehabilitation, the middle-range classification of ecstasy, and comparable sentencing decisions. Appellate intervention was also required because the sentence exceeded the starting point considered appropriate for Veith, whose criminality was at least comparable, creating a justifiable sense of grievance.

Court Disposition

Leave to appeal granted. Appeal allowed. Applicant re-sentenced on the major charge.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'The applicant is re-sentenced on the major charge to imprisonment for eight years, to date from 21 October 1999, with a non-parole period of five years.']