ES v R [2014] NSWCCA 268

ES v R [2014] NSWCCA 268

The sentencing discretion did not miscarry. The pleas were entered more than three and a half years after arrest, the Commonwealth count was supported by overwhelming evidence, and the earlier conditional offers did not demonstrate willingness to facilitate justice or justify a greater plea discount. The valuable assistance to authorities did not require a combined discount above 40 per cent, particularly given the need for punishment and personal and general deterrence for the applicant's role as principal in a large commercial drug enterprise. The 6 year non-parole period, representing 60.5 per cent of the head sentence, was not shown to be erroneous when fixed for a Commonwealth...

Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['discount for Guilty Plea' 'discount for Assistance to Authorities' 'late Plea' 'non Parole Period' 'commonwealth Drug Importation Offence' 'protective Custody' 'hardship to Family']
['criminal Law' 'sentencing' 'criminal Appeals'] ['discount for Guilty Plea' 'discount for Assistance to Authorities' 'late Plea' 'non Parole Period' 'commonwealth Drug Importation Offence' 'protective Custody' 'hardship to Family']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the combined 40 per cent discount for the pleas of guilty and assistance to authorities should have been greater.' 'Whether the 8 per cent discount for the pleas of guilty was inadequate given earlier conditional offers to plead guilty.' 'Whether the discount for assistance to authorities was inadequate.' 'Whether the ratio between the head sentence and the non-parole period was inappropriate.']

Ratio Decidendi

The sentencing discretion did not miscarry. The pleas were entered more than three and a half years after arrest, the Commonwealth count was supported by overwhelming evidence, and the earlier conditional offers did not demonstrate willingness to facilitate justice or justify a greater plea discount. The valuable assistance to authorities did not require a combined discount above 40 per cent, particularly given the need for punishment and personal and general deterrence for the applicant's role as principal in a large commercial drug enterprise. The 6 year non-parole period, representing 60.5 per cent of the head sentence, was not shown to be erroneous when fixed for a Commonwealth...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']