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
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Legal Issues
- 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']
Full Case Text
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