Greenyer v R [2016] NSWCCA 272

Greenyer v R [2016] NSWCCA 272

The only error in the sentencing was a mathematical error regarding the commencement date, which was corrected by backdating the sentence to 19 June 2015. The aggregate sentence and the non-parole period were not manifestly excessive, and the level of cumulation was within the judge's discretion.

Jurisdiction
Australia
Judgment Date
01 December 2016
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal Decision on Sentence Appeal
Outcome
Appeal allowed in part. Sentence varied only to correct commencement date. Appeal otherwise dismissed.
Legal Topics
['sentence Appeal' 'ongoing Supply of Prohibited Drug' 'supply of Prohibited Drug' 'aggregate Sentencing' 'error in Commencement Date' 'manifestly Excessive Sentence']
['criminal Law'] ['sentence Appeal' 'ongoing Supply of Prohibited Drug' 'supply of Prohibited Drug' 'aggregate Sentencing' 'error in Commencement Date' 'manifestly Excessive Sentence']

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Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal Decision on Sentence Appeal

Legal Issues

  1. 1 ['Whether there was an error in calculation of commencement date for sentence' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The only error in the sentencing was a mathematical error regarding the commencement date, which was corrected by backdating the sentence to 19 June 2015. The aggregate sentence and the non-parole period were not manifestly excessive, and the level of cumulation was within the judge's discretion.

Court Disposition

Appeal allowed in part. Sentence varied only to correct commencement date. Appeal otherwise dismissed.

Orders

  • ['Leave to appeal granted.' 'The aggregate sentence imposed by Judge Blackmore SC is quashed.' 'The applicant is sentenced to an aggregate head sentence of imprisonment for 3 years, with a non-parole period of 1 year and 9 months, to date from 19 June 2015.' 'The applicant will be released to parole on 18 March 2017.']