Daher v R [2018] NSWCCA 287

Daher v R [2018] NSWCCA 287

The sentencing judge failed to properly assess objective seriousness by not considering relevant factors, particularly the quantity of drugs involved; given the relatively small quantity and limited scale, the objective seriousness was at the lower end. The Court therefore set aside the original sentence and imposed a lesser sentence, granting leave to appeal and allowing the appeal against sentence.

Parties
Applicant: Elle Louie Daher; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Appeal Against Sentence / Court of Criminal Appeal Judgment
Outcome
Leave to appeal granted; appeal against sentence allowed; sentence varied via re-sentencing
Legal Topics
Sentencing, Drug Offences, Appeal Against Sentence, Objective Seriousness, Conditional Liberty
Criminal Law Sentencing Drug Offences Appeal Against Sentence Objective Seriousness Conditional Liberty

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Parties

Elle Louie Daher

Applicant

The Crown

Respondent

Procedural Posture

Appeal Against Sentence / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether the sentencing judge failed to properly assess the objective seriousness of the offending
  2. 2 Whether the sentencing judge erred in her assessment of the applicant's conditional liberty
  3. 3 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The sentencing judge failed to properly assess objective seriousness by not considering relevant factors, particularly the quantity of drugs involved; given the relatively small quantity and limited scale, the objective seriousness was at the lower end. The Court therefore set aside the original sentence and imposed a lesser sentence, granting leave to appeal and allowing the appeal against sentence.

Court Disposition

Leave to appeal granted; appeal against sentence allowed; sentence varied via re-sentencing

Orders

  • Leave to appeal granted
  • Appeal against sentence allowed