Facenfield v R [2021] NSWCCA 128

Facenfield v R [2021] NSWCCA 128

The sentencing judge's failure to apply a utilitarian discount for the applicant's early guilty plea for the goods in custody offence was contrary to principle, as the utilitarian value of a plea must be recognised regardless of the inevitable outcome. This error had the capacity to affect the aggregate sentence,...

Source-derived case information.

Parties
Applicant: Damien Facenfield; Respondent: Regina
Jurisdiction
Australia
Judgment Date
23 June 2021
Procedural Posture
Criminal Appeal / Appeal From Sentence Imposed by Drug Court of NSW
Outcome
Appeal allowed; sentence quashed; applicant resentenced.
Legal Topics
Appeal Against Sentence, Discount for Guilty Plea, Sentencing Discretion, Drug Offences, Property Offences, Aggregate Sentence
Criminal Law Appeal Against Sentence Discount for Guilty Plea Sentencing Discretion Drug Offences Property Offences Aggregate Sentence

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Parties

Damien Facenfield

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Sentence Imposed by Drug Court of NSW

Legal Issues

  1. 1 Whether sentencing judge erred by failing to apply discount for early plea of guilty to goods in custody offence (Seq 8)
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge's failure to apply a utilitarian discount for the applicant's early guilty plea for the goods in custody offence was contrary to principle, as the utilitarian value of a plea must be recognised regardless of the inevitable outcome. This error had the capacity to affect the aggregate sentence, justifying appellate intervention and resentencing.

Court Disposition

Appeal allowed; sentence quashed; applicant resentenced.

Orders

  • Leave to appeal is granted.
  • The appeal is allowed.