Passaris v R [2011] NSWCCA 216

Passaris v R [2011] NSWCCA 216

While the sentencing judge erred in not expressly considering the operation of s 17(5)(b) of the Criminal Case Conferencing Trial Act 2008, this did not amount to a miscarriage of discretion. The applicant did not establish entitlement to a greater discount, and the sentence imposed was stern but not unreasonable or plainly unjust. Leave to appeal is granted but the appeal is dismissed.

Parties
Applicant: Jack Passaris; Respondent: Crown
Jurisdiction
Australia
Judgment Date
26 September 2011
Procedural Posture
Criminal Appeal Against Sentence / Court of Criminal Appeal Judgment After Hearing Leave Application and Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Appeal Against Sentence, Discount for Guilty Plea, Criminal Case Conferencing, Objective Seriousness, Sentencing Discretion
Criminal Law Appeal Against Sentence Discount for Guilty Plea Criminal Case Conferencing Objective Seriousness Sentencing Discretion

Case Brief

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Parties

Jack Passaris

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal Against Sentence / Court of Criminal Appeal Judgment After Hearing Leave Application and Appeal

Legal Issues

  1. 1 Whether the sentencing judge failed to have regard to the Criminal Case Conferencing Trial Act 2008, particularly s 17(4) and s 17(5)(b)
  2. 2 Whether the applicant was entitled to a greater discount for the early guilty plea
  3. 3 Whether the plea was unequivocal and offered at the appropriate time under the statute

Ratio Decidendi

While the sentencing judge erred in not expressly considering the operation of s 17(5)(b) of the Criminal Case Conferencing Trial Act 2008, this did not amount to a miscarriage of discretion. The applicant did not establish entitlement to a greater discount, and the sentence imposed was stern but not unreasonable or plainly unjust. Leave to appeal is granted but the appeal is dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Grant leave to appeal.
  • Dismiss the appeal.