Bae v R [2020] NSWCCA 35

Bae v R [2020] NSWCCA 35

As the sentencing Judge failed to take into account the utilitarian value of the Appellant's guilty pleas in accordance with the law established in Xiao v R, error was established; applying the relevant discount (12.5%) and considering the Appellant's prospects of rehabilitation and low risk of reoffending, lesser sentences were warranted and imposed.

Jurisdiction
Australia
Judgment Date
11 March 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence Referred Under S.79(1)(b) Crimes (appeal and Review) Act 2001
Outcome
Sentences imposed on 4 April 2013 quashed; Appellant resentenced
Legal Topics
['sentencing' 'drug Importation' 'aiding and Abetting' 'utilitarian Value of Guilty Plea' 'discount on Sentence']
['criminal Law'] ['sentencing' 'drug Importation' 'aiding and Abetting' 'utilitarian Value of Guilty Plea' 'discount on Sentence']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence Referred Under S.79(1)(b) Crimes (appeal and Review) Act 2001

Legal Issues

  1. 1 ["Whether the sentencing Judge failed to take into account the utilitarian value of the Appellant's guilty pleas in accordance with s.16A(2)(g) Crimes Act 1914 (Cth)" 'Whether lesser sentences should be imposed following Xiao v R error']

Ratio Decidendi

As the sentencing Judge failed to take into account the utilitarian value of the Appellant's guilty pleas in accordance with the law established in Xiao v R, error was established; applying the relevant discount (12.5%) and considering the Appellant's prospects of rehabilitation and low risk of reoffending, lesser sentences were warranted and imposed.

Court Disposition

Sentences imposed on 4 April 2013 quashed; Appellant resentenced

Orders

  • ['The sentences imposed upon the Appellant at the Sydney District Court on 4 April 2013 are quashed.' 'The Appellant is sentenced for Count 3 to imprisonment for four years and nine months commencing 19 April 2010 and expiring 18 January 2015.' 'The Appellant is sentenced for Count 1 to imprisonment for nine years...