Remington v R [2018] NSWCCA 98

Remington v R [2018] NSWCCA 98

The sentencing judge erred by applying the Clark principle and failing to individually assess the criminality and circumstances of the offences, resulting in manifestly excessive sentences. The sentences must be quashed and the applicant re-sentenced appropriately, considering her personal circumstances and the correct legal principles.

Jurisdiction
Australia
Judgment Date
28 May 2018
Procedural Posture
Criminal Sentence Appeal / Appeal After Sentence in District Court
Outcome
Appeal allowed; sentences quashed; applicant re-sentenced with terms including immediate parole release and community supervision.
Legal Topics
['sentencing' 'appeal' 'drug Offences' 'manifest Excess' 'objective and Subjective Circumstances' 'parole']
['criminal Law'] ['sentencing' 'appeal' 'drug Offences' 'manifest Excess' 'objective and Subjective Circumstances' 'parole']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Appeal After Sentence in District Court

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive' "Whether the applicant's offending constituted trafficking to a substantial degree" 'Whether a sentence other than a custodial sentence was available and/or appropriate' 'Failure to consider objective circumstances of the offending' "Failure to consider the applicant's subjective circumstances"]

Ratio Decidendi

The sentencing judge erred by applying the Clark principle and failing to individually assess the criminality and circumstances of the offences, resulting in manifestly excessive sentences. The sentences must be quashed and the applicant re-sentenced appropriately, considering her personal circumstances and the correct legal principles.

Court Disposition

Appeal allowed; sentences quashed; applicant re-sentenced with terms including immediate parole release and community supervision.

Orders

  • ['Leave to appeal granted.' 'The appeal is allowed.' "The sentences imposed in the District Court at Nowra on 16 August 2017 are quashed and in lieu the following sentences are imposed: (a) For supplying 12.94 grams methamphetamine: 12 months' imprisonment from 16 August 2017, non-parole period 6 months expiring 15...