Ramos v R [2018] NSWCCA 206

Ramos v R [2018] NSWCCA 206

The sentencing judge's finding that the objective seriousness of the second offence was above the middle of the scale was not open on the evidence, given the limited information regarding the source and circumstances of the funds. As a result, the judge's assessment was in error, and the sentencing discretion should be re-exercised to impose a proportionate sentence commensurate with the proven facts.

Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Re Sentencing
Outcome
Appeal allowed; leave to appeal granted; sentence for second offence re-imposed; order varying commencement and expiry dates for related sentences.
Legal Topics
['sentencing' 'proceeds of Crime' 'drug Offences' 'error in Assessment of Seriousness']
['criminal Law'] ['sentencing' 'proceeds of Crime' 'drug Offences' 'error in Assessment of Seriousness']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Re Sentencing

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective seriousness of the offence under s 193B(2) of the Crimes Act 1900 (NSW)' 'Whether the finding that the offending was above the middle of the scale was open on the evidence' 'Whether the sentencing discretion should be re-exercised']

Ratio Decidendi

The sentencing judge's finding that the objective seriousness of the second offence was above the middle of the scale was not open on the evidence, given the limited information regarding the source and circumstances of the funds. As a result, the judge's assessment was in error, and the sentencing discretion should be re-exercised to impose a proportionate sentence commensurate with the proven facts.

Court Disposition

Appeal allowed; leave to appeal granted; sentence for second offence re-imposed; order varying commencement and expiry dates for related sentences.

Orders

  • ['Leave to appeal against the sentence imposed by the District Court on 23 September 2016 for an offence under s 193B(2) of the Crimes Act 1900 is granted.' 'The appeal is allowed.' 'The appellant is sentenced to a term of imprisonment of 13 months commencing 22 February 2015 and expiring 21 March 2016 with a...