Cressel v R [2021] NSWCCA 26

Cressel v R [2021] NSWCCA 26

The sentencing judge erred by failing to take into account the utilitarian value of the plea of guilty as required by Xiao v R and s 16A(2)(g) of the Crimes Act 1914 (Cth). The applicant's early plea, assistance to authorities, and subjective circumstances including genuine remorse and good prospects of rehabilitation warranted a reduction in sentence. The appeal was allowed and the applicant resentenced accordingly.

Parties
Applicant: Kalvin Cressel; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 March 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence, Application for Leave to Appeal
Outcome
Appeal allowed; applicant resentenced
Legal Topics
Sentence, Application for Leave to Appeal, Importation of Border Controlled Drug, Utilitarian Value of Guilty Plea, Assistance to Authorities, Resentencing
Criminal Law Sentence Application for Leave to Appeal Importation of Border Controlled Drug Utilitarian Value of Guilty Plea Assistance to Authorities Resentencing

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Parties

Kalvin Cressel

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence, Application for Leave to Appeal

Legal Issues

  1. 1 Whether sentencing judge erred by failing to take into account utilitarian value of plea of guilty
  2. 2 Appropriateness of sentence in light of applicant’s assistance to authorities and subjective circumstances

Ratio Decidendi

The sentencing judge erred by failing to take into account the utilitarian value of the plea of guilty as required by Xiao v R and s 16A(2)(g) of the Crimes Act 1914 (Cth). The applicant's early plea, assistance to authorities, and subjective circumstances including genuine remorse and good prospects of rehabilitation warranted a reduction in sentence. The appeal was allowed and the applicant resentenced accordingly.

Court Disposition

Appeal allowed; applicant resentenced

Orders

  • The time in which to file an application for leave to appeal is extended to 28 September 2020.
  • Leave to appeal is granted.