Jayde FARRELL v R [2012] NSWCCA 245

Jayde FARRELL v R [2012] NSWCCA 245

Although there were differences warranting a heavier sentence for the applicant, including his somewhat greater control of the enterprise, age, absence of a guilty plea and absence of positive findings of remorse and unlikelihood of re-offending, the difference between his 9 year sentence and Mr Turner's 4 year sentence was excessive and capable of giving rise to a justifiable sense of grievance. The Court therefore intervened, quashed the District Court sentence, and imposed a sentence of 6 1/2 years with a non-parole period of 4 years, finding special circumstances on re-sentence because the applicant's rehabilitation would be assisted by a lengthy period of conditional liberty subject...

Jurisdiction
Australia
Judgment Date
23 November 2012
Procedural Posture
Criminal Law Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Leave Granted, Appeal Allowed, Sentence Quashed and Applicant Re Sentenced
Outcome
Leave granted, appeal allowed, District Court sentence quashed, applicant re-sentenced to imprisonment for 6 1/2 years with a non-parole period of 4 years.
Legal Topics
['drug Supply' 'commercial Quantity of Ecstasy' 'parity of Sentence' 'special Circumstances' 'standard Non Parole Period']
['criminal Law' 'sentencing'] ['drug Supply' 'commercial Quantity of Ecstasy' 'parity of Sentence' 'special Circumstances' 'standard Non Parole Period']

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Procedural Posture

Criminal Law Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Leave Granted, Appeal Allowed, Sentence Quashed and Applicant Re Sentenced

Legal Issues

  1. 1 ["Whether there was unjustified disparity between the applicant's sentence and the sentence imposed on Blake William Turner for involvement in the same drug dealing enterprise." 'Whether special circumstances warranted departure from the statutory proportion between the sentence and non-parole period.']

Ratio Decidendi

Although there were differences warranting a heavier sentence for the applicant, including his somewhat greater control of the enterprise, age, absence of a guilty plea and absence of positive findings of remorse and unlikelihood of re-offending, the difference between his 9 year sentence and Mr Turner's 4 year sentence was excessive and capable of giving rise to a justifiable sense of grievance. The Court therefore intervened, quashed the District Court sentence, and imposed a sentence of 6 1/2 years with a non-parole period of 4 years, finding special circumstances on re-sentence because the applicant's rehabilitation would be assisted by a lengthy period of conditional liberty subject...

Court Disposition

Leave granted, appeal allowed, District Court sentence quashed, applicant re-sentenced to imprisonment for 6 1/2 years with a non-parole period of 4 years.

Orders

  • ['Grant leave to appeal.' 'Allow the appeal.' 'Quash the sentence passed in the District Court.' 'Re-sentence the applicant to imprisonment for 6 1/2 years, comprising a non-parole period of 4 years commencing on 1 May 2010 and expiring on 30 April 2014, and a balance of term of 2 1/2 years commencing on 1 May 2014...