Said v R [2019] NSWCCA 239

Said v R [2019] NSWCCA 239

The sentencing judge was in error by not allowing a discount for the utilitarian value of the guilty plea; upon re-exercise of the discretion, a sentence of 9 years' imprisonment with a non-parole period of 6 years and 9 months was appropriate, reflecting the high objective seriousness of the offending, the need for deterrence, and limited evidence of remorse or rehabilitation, with a 10% discount for the guilty plea entered 12 days before trial.

Jurisdiction
Australia
Judgment Date
11 October 2019
Procedural Posture
Criminal / Sentence Appeal; Re Sentencing Following Appeal
Outcome
Leave to appeal granted; appeal allowed; original sentence quashed; substituted sentence imposed
Legal Topics
['sentence Appeal' 'terrorism Offences' 'discount for Guilty Plea' 'objective Seriousness' 're Exercise of Sentencing Discretion']
['criminal Law'] ['sentence Appeal' 'terrorism Offences' 'discount for Guilty Plea' 'objective Seriousness' 're Exercise of Sentencing Discretion']

Case Brief

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Procedural Posture

Criminal / Sentence Appeal; Re Sentencing Following Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to take the utilitarian value of the applicant's guilty plea into account" 'Whether the sentence imposed was manifestly excessive having regard to the objective seriousness of the offence']

Ratio Decidendi

The sentencing judge was in error by not allowing a discount for the utilitarian value of the guilty plea; upon re-exercise of the discretion, a sentence of 9 years' imprisonment with a non-parole period of 6 years and 9 months was appropriate, reflecting the high objective seriousness of the offending, the need for deterrence, and limited evidence of remorse or rehabilitation, with a 10% discount for the guilty plea entered 12 days before trial.

Court Disposition

Leave to appeal granted; appeal allowed; original sentence quashed; substituted sentence imposed

Orders

  • ['Leave is granted to the applicant to appeal against sentence.' 'The appeal is allowed.' 'The sentence imposed by Bellew J on 3 November 2017 is quashed.' 'In lieu thereof, the applicant is sentenced to imprisonment for a period of 9 years, commencing 26 May 2016 and expiring 25 May 2025, with a non-parole period...