REGINA v COLIN [2000] NSWCCA 236

REGINA v COLIN [2000] NSWCCA 236

The District Court sentence was manifestly inadequate because, despite the respondent's low-level role, delay and strong rehabilitation, the sentencing judge failed to give sufficient weight to general deterrence for cocaine supply. A custodial sentence was required, but the delay, rehabilitation, co-offenders'...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 June 2000
Procedural Posture
Crown Sentence Appeal / Court of Criminal Appeal Appeal Against Sentence Imposed in the District Court
Outcome
Appeal allowed; orders below quashed; respondent sentenced to twelve months' imprisonment to be served by way of periodic detention.
Legal Topics
['supply of Prohibited Drug' 'cocaine' 'crown Appeal Against Sentence' 'delay in Sentencing' 'general Deterrence' 'rehabilitation' 'periodic Detention']
['criminal Law' 'sentencing'] ['supply of Prohibited Drug' 'cocaine' 'crown Appeal Against Sentence' 'delay in Sentencing' 'general Deterrence' 'rehabilitation' 'periodic Detention']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Crown Sentence Appeal / Court of Criminal Appeal Appeal Against Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentence imposed in the District Court for supplying cocaine was manifestly inadequate.' 'Whether the sentencing judge erred by failing to give sufficient weight to general deterrence.' "What sentence should be imposed having regard to the respondent's low-level role, rehabilitation, delay, co-offenders' sentences and the principles applicable to Crown appeals."]

Ratio Decidendi

The District Court sentence was manifestly inadequate because, despite the respondent's low-level role, delay and strong rehabilitation, the sentencing judge failed to give sufficient weight to general deterrence for cocaine supply. A custodial sentence was required, but the delay, rehabilitation, co-offenders' sentences and Crown appeal principles justified a sentence of twelve months' imprisonment served by way of periodic detention rather than full-time custody.

Court Disposition

Appeal allowed; orders below quashed; respondent sentenced to twelve months' imprisonment to be served by way of periodic detention.

Orders

  • ['The orders below are quashed.' "The respondent is sentenced to a period of twelve months' imprisonment." 'The term is to be served by way of periodic detention.' 'No order as to non-parole period is made having regard to the nature of the sentence.' 'The term of imprisonment to be served by way of periodic...