Gilmour v R [2018] NSWCCA 295

Gilmour v R [2018] NSWCCA 295

The sentencing Judge erred by applying the exceptional circumstances threshold, but upon re-exercise of the sentencing discretion under s.6(3) Criminal Appeal Act 1912 and consideration of all objective and subjective circumstances including the applicant's mental health, seriousness of offending, and parity with co-offenders, no lesser sentence is warranted. The original sentence stands.

Jurisdiction
Australia
Judgment Date
12 December 2018
Procedural Posture
Appeal Against Sentence / Court of Criminal Appeal Leave to Appeal and Determination
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'drug Supply Offences' 'sentencing Discretion' 'exceptional Circumstances in Sentencing' 'parity Principle' 'mental Illness and Sentencing']
['criminal Law'] ['appeal Against Sentence' 'drug Supply Offences' 'sentencing Discretion' 'exceptional Circumstances in Sentencing' 'parity Principle' 'mental Illness and Sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Against Sentence / Court of Criminal Appeal Leave to Appeal and Determination

Legal Issues

  1. 1 ["Whether the sentencing Judge erred by requiring 'exceptional circumstances' for non-custodial sentence in drug supply offences" "Whether the Judge failed to adequately consider the applicant's mental illness in sentencing" 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentencing Judge erred by applying the exceptional circumstances threshold, but upon re-exercise of the sentencing discretion under s.6(3) Criminal Appeal Act 1912 and consideration of all objective and subjective circumstances including the applicant's mental health, seriousness of offending, and parity with co-offenders, no lesser sentence is warranted. The original sentence stands.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']