Regina v Bacon [2000] NSWCCA 549

Regina v Bacon [2000] NSWCCA 549

The majority held that the minimum term or non-parole period imposed for the s 25A offence exceeded the legitimate bounds of sentencing discretion. Although the head sentence of three years was not disturbed, the applicant's voluntary cessation of dealing before he knew he was dealing with police, together with evidence of rehabilitation, meant that specific deterrence should have been given reduced weight. The allowance for special circumstances was also inadequate in light of the first period of full-time custody, the effect of pre-sentence custody, rehabilitation, family support and need for supervision after release.

Jurisdiction
Australia
Judgment Date
13 December 2000
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal allowed; appeal allowed; sentence quashed; applicant re-sentenced.
Legal Topics
['supply of a Prohibited Drug on an Ongoing Basis' 'manifest Excess' 'general Deterrence' 'specific Deterrence' 'special Circumstances' 'non Parole Period' 'plea of Guilty' 'totality Principle']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of a Prohibited Drug on an Ongoing Basis' 'manifest Excess' 'general Deterrence' 'specific Deterrence' 'special Circumstances' 'non Parole Period' 'plea of Guilty' 'totality Principle']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for supplying a prohibited drug on an ongoing basis under s 25A of the Drugs Misuse and Trafficking Act 1985 was manifestly excessive.' "Whether adequate weight was given to the applicant's plea of guilty, the nature and quantity of the drug, the absence of proved financial gain, the short period of offending, voluntary cessation of supply before apprehension, and rehabilitation." 'Whether the finding of special circumstances warranted a shorter minimum or non-parole period.']

Ratio Decidendi

The majority held that the minimum term or non-parole period imposed for the s 25A offence exceeded the legitimate bounds of sentencing discretion. Although the head sentence of three years was not disturbed, the applicant's voluntary cessation of dealing before he knew he was dealing with police, together with evidence of rehabilitation, meant that specific deterrence should have been given reduced weight. The allowance for special circumstances was also inadequate in light of the first period of full-time custody, the effect of pre-sentence custody, rehabilitation, family support and need for supervision after release.

Court Disposition

Leave to appeal allowed; appeal allowed; sentence quashed; applicant re-sentenced.

Orders

  • ['Leave to appeal allowed.' 'Appeal allowed.' 'Sentence quashed.' 'Applicant re-sentenced to imprisonment for three years with a non-parole period of eighteen months, commencing on 29 April 2000.' 'Applicant directed to be released on parole at the expiration of the non-parole period.']