Battersby v R [2018] NSWCCA 141

Battersby v R [2018] NSWCCA 141

The sentencing judge's misstatement of the maximum penalty for the proceeds of crime offence had a material bearing on the assessment of the aggregate sentence, requiring the exercise of the sentencing discretion afresh. The applicant's role was above the lowest rung due to trust reposed and actions beyond that of mere courier, justifying the indicative sentences imposed after resentencing.

Parties
Applicant: Jonathan Battersby; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
16 July 2018
Procedural Posture
Sentencing Appeal / Appeal Judgment and Resentencing
Outcome
Appeal allowed. Sentence quashed. Applicant resentenced.
Legal Topics
Sentencing, Drug Offences, Appeals, Proceeds of Crime
Criminal Law Sentencing Drug Offences Appeals Proceeds of Crime

Case Brief

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Parties

Jonathan Battersby

Applicant

The Crown

Respondent

Procedural Posture

Sentencing Appeal / Appeal Judgment and Resentencing

Legal Issues

  1. 1 Whether the sentencing judge erred regarding the maximum penalty for the proceeds of crime offence
  2. 2 Whether the sentencing judge erred in finding the applicant was well above the lowest rung of the drug trafficking hierarchy
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge's misstatement of the maximum penalty for the proceeds of crime offence had a material bearing on the assessment of the aggregate sentence, requiring the exercise of the sentencing discretion afresh. The applicant's role was above the lowest rung due to trust reposed and actions beyond that of mere courier, justifying the indicative sentences imposed after resentencing.

Court Disposition

Appeal allowed. Sentence quashed. Applicant resentenced.

Orders

  • Leave to appeal against sentence granted.
  • Appeal allowed.