Eriyo v R [2015] NSWCCA 16

Eriyo v R [2015] NSWCCA 16

Although errors occurred in imposing separate non-parole periods and in backdating the sentence, the corrected overall non-parole period imposed by the Court is not manifestly excessive having regard to the objective seriousness of the offences and relevant case law; the applicant is to be resentenced accordingly.

Jurisdiction
Australia
Judgment Date
03 March 2015
Procedural Posture
Criminal Appeal / Judgment on Leave and on Appeal From Sentence
Outcome
Appeal allowed; sentences quashed; applicant resentenced with adjusted non-parole period.
Legal Topics
['importing Drugs' 'sentencing' 'ratio of Non Parole Period to Sentence' 'manifestly Excessive Sentence' 'application of Comparative Cases' 'totality Principle']
['criminal Law'] ['importing Drugs' 'sentencing' 'ratio of Non Parole Period to Sentence' 'manifestly Excessive Sentence' 'application of Comparative Cases' 'totality Principle']

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Procedural Posture

Criminal Appeal / Judgment on Leave and on Appeal From Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by imposing an effective non-parole period that was manifestly excessive' 'Whether it was lawful to impose separate non-parole periods for each offence' 'Whether the period of pre-sentence custody was correctly accounted for']

Ratio Decidendi

Although errors occurred in imposing separate non-parole periods and in backdating the sentence, the corrected overall non-parole period imposed by the Court is not manifestly excessive having regard to the objective seriousness of the offences and relevant case law; the applicant is to be resentenced accordingly.

Court Disposition

Appeal allowed; sentences quashed; applicant resentenced with adjusted non-parole period.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Quash the sentences imposed in the District Court on 28 February 2014.' 'In lieu thereof sentence the Applicant as follows: Count 1: Imprisonment for six years commencing 6 February 2014 and expiring 5 February 2020; Count 2: Imprisonment for six years commencing 6...