La v R [2021] NSWCCA 136
The applicant did not provide sufficient evidence to establish that the conditions of residential rehabilitation constituted quasi-custody of a kind requiring a reduction or adjustment in sentence. The sentencing judge was aware of and considered the rehabilitation conditions but was not in error for treating them as not restrictive enough to be quasi-custodial.
- Parties
- Applicant: Joshua La; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 02 July 2021
- Procedural Posture
- Appeal Against Sentence / Leave to Appeal and Appeal Determination
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Against Sentence, Supply of Prohibited Drugs, Sentencing Factors, Quasi Custody
Case Brief
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Parties
Joshua La
Applicant
Regina
Respondent
Procedural Posture
Appeal Against Sentence / Leave to Appeal and Appeal Determination
Legal Issues
- 1 Whether time spent in residential rehabilitation amounted to quasi-custody and should have influenced sentencing
- 2 Whether sentencing judge erred in not adjusting sentence for quasi-custody
Ratio Decidendi
The applicant did not provide sufficient evidence to establish that the conditions of residential rehabilitation constituted quasi-custody of a kind requiring a reduction or adjustment in sentence. The sentencing judge was aware of and considered the rehabilitation conditions but was not in error for treating them as not restrictive enough to be quasi-custodial.
Court Disposition
Appeal dismissed
Orders
- Grant leave to appeal
- Appeal dismissed
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