Kassis v R [2013] NSWCCA 298

Kassis v R [2013] NSWCCA 298

Despite the judge not expressly stating the application of a discount for plea of guilty, the sentence imposed was consistent with a 25% discount being applied, evidenced by the head sentence, its relation to the maximum penalty, and the Crown's concession during submissions.

Jurisdiction
Australia
Judgment Date
28 November 2013
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave granted to appeal; appeal dismissed
Legal Topics
['sentencing' 'discount for Plea of Guilty' 'drug Offences']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

  1. 1 ["Whether the sentencing judge failed to properly take into account the applicant's plea of guilty by not specifying a discount"]

Ratio Decidendi

Despite the judge not expressly stating the application of a discount for plea of guilty, the sentence imposed was consistent with a 25% discount being applied, evidenced by the head sentence, its relation to the maximum penalty, and the Crown's concession during submissions.

Court Disposition

Leave granted to appeal; appeal dismissed

Orders

  • ['Leave granted to appeal' 'Appeal dismissed']