Stemler v R [2017] NSWCCA 320
The Court found error due to lack of transparency in fixing the non-parole period, but concluded no lesser head sentence was warranted. The non-parole period should be reduced to five years as appropriate to reflect the applicant's guilty plea and relevant circumstances.
- Jurisdiction
- Australia
- Judgment Date
- 15 December 2017
- Procedural Posture
- Criminal Appeal / Sentence Appeal
- Outcome
- Appeal allowed; leave to appeal granted
- Legal Topics
- ['sentencing' 'drug Offences' 'leniency' 'non Parole Period' 'guilty Plea Discounts' 'federal Sentencing Ratio']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Criminal Appeal / Sentence Appeal
Legal Issues
- 1 ["Whether leniency should have been allowed given applicant's prior conviction and bond" 'Whether sentencing judge erred by adopting a two-stage approach for Commonwealth sentencing' 'Whether the sentencing discount for guilty plea was properly reflected in the non-parole period']
Ratio Decidendi
The Court found error due to lack of transparency in fixing the non-parole period, but concluded no lesser head sentence was warranted. The non-parole period should be reduced to five years as appropriate to reflect the applicant's guilty plea and relevant circumstances.
Court Disposition
Appeal allowed; leave to appeal granted
Orders
- ['Quash the sentence imposed by the District Court for the offence of attempt to possess a marketable quantity of an unlawfully imported border controlled drug (cocaine) contrary to s 307.6 of the Criminal Code Act 1995 (Cth)' 'In lieu, sentence the applicant to imprisonment for 7 years and 9 months, commencing 2...
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment