Kalemusic v R [2009] NSWCCA 178

Kalemusic v R [2009] NSWCCA 178

The sentencing judge was entitled, from the agreed facts considered as a whole, to be satisfied beyond reasonable doubt that the applicant had a role of real significance in the criminal enterprise. The applicant's early involvement, assistance at Colo Vale and possession of large quantities of drugs when leaving the property supported the inferences drawn. The total effective sentence was not manifestly excessive. The parity ground failed because there were relevant differences between the applicant and co-offenders, including the applicant's additional supply and firearm offences, prior similar offending, absence of assistance, different plea discount, and different findings about...

Jurisdiction
Australia
Judgment Date
08 July 2009
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 against sentence granted; appeal dismissed.
Legal Topics
['manufacture of Prohibited Drug' 'supply of Prohibited Drug' 'possession of Unauthorised Firearm' 'findings of Fact on Sentence' 'manifest Excess' 'parity Principle']
['criminal Law' 'sentencing'] ['manufacture of Prohibited Drug' 'supply of Prohibited Drug' 'possession of Unauthorised Firearm' 'findings of Fact on Sentence' 'manifest Excess' 'parity Principle']

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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 sentencing judge made adverse findings of fact that were not open on the evidence and thereby imposed a manifestly excessive sentence.' 'Whether the applicant had a justifiable sense of grievance arising from disparity between his sentences and the sentences imposed on co-offenders.']

Ratio Decidendi

The sentencing judge was entitled, from the agreed facts considered as a whole, to be satisfied beyond reasonable doubt that the applicant had a role of real significance in the criminal enterprise. The applicant's early involvement, assistance at Colo Vale and possession of large quantities of drugs when leaving the property supported the inferences drawn. The total effective sentence was not manifestly excessive. The parity ground failed because there were relevant differences between the applicant and co-offenders, including the applicant's additional supply and firearm offences, prior similar offending, absence of assistance, different plea discount, and different findings about...

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']