Purdie v R [2019] NSWCCA 22

Purdie v R [2019] NSWCCA 22

The sentencing judge denied the applicant procedural fairness by making adverse factual findings beyond the agreed facts without giving the applicant an opportunity to respond, thereby heightening culpability and prejudicing the applicant's position, requiring the sentence to be quashed and the applicant to be re-sentenced.

Parties
Applicant: Lecx Purdie; Respondent: Regina
Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed, sentence quashed, matter remitted for re-sentence
Legal Topics
Procedural Fairness, Appeal Against Sentence, Supply of Prohibited Drug, Dealing With Proceeds of Crime
Criminal Law Procedural Fairness Appeal Against Sentence Supply of Prohibited Drug Dealing With Proceeds of Crime

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Parties

Lecx Purdie

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge denied the applicant procedural fairness by making adverse findings not put to the parties
  2. 2 Whether the sentence should be quashed for denial of procedural fairness

Ratio Decidendi

The sentencing judge denied the applicant procedural fairness by making adverse factual findings beyond the agreed facts without giving the applicant an opportunity to respond, thereby heightening culpability and prejudicing the applicant's position, requiring the sentence to be quashed and the applicant to be re-sentenced.

Court Disposition

Appeal allowed, sentence quashed, matter remitted for re-sentence

Orders

  • Leave to appeal against sentence is granted.
  • The sentence imposed on Lecx Purdie on 17 November 2017 is quashed.