Regina v Le [1999] NSWCCA 146

Regina v Le [1999] NSWCCA 146

The appeal was allowed because the circumstances were unusual and exceptional: after sentence the children's father, who had assumed their care while the applicant was in custody, died; alternative care arrangements were less than satisfactory; the applicant had already served more than one-third of the custodial element; and the Court accepted assurances that she had realised the importance of her conduct and was unlikely to reoffend. The balance of justice was served by resentencing her so she could continue caring for her children without being returned to custody.

Jurisdiction
Australia
Judgment Date
07 June 1999
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Severity of Sentence
Outcome
Application for leave to appeal granted; appeal allowed; District Court sentence quashed and substituted sentence imposed with release to parole.
Legal Topics
['supplying a Prohibited Drug' 'heroin' 'family Hardship' 'leave to Appeal Against Sentence' 'parole']
['criminal Law' 'sentencing'] ['supplying a Prohibited Drug' 'heroin' 'family Hardship' 'leave to Appeal Against Sentence' 'parole']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave to appeal against the severity of sentence should be granted.' 'Whether exceptional post-sentence family hardship and the proportion of custody already served justified substituting a sentence that did not require the applicant to return to custody.']

Ratio Decidendi

The appeal was allowed because the circumstances were unusual and exceptional: after sentence the children's father, who had assumed their care while the applicant was in custody, died; alternative care arrangements were less than satisfactory; the applicant had already served more than one-third of the custodial element; and the Court accepted assurances that she had realised the importance of her conduct and was unlikely to reoffend. The balance of justice was served by resentencing her so she could continue caring for her children without being returned to custody.

Court Disposition

Application for leave to appeal granted; appeal allowed; District Court sentence quashed and substituted sentence imposed with release to parole.

Orders

  • ['The application for leave to appeal against sentence be granted.' 'Appeal allowed.' 'Sentence imposed in the District Court be quashed and in lieu thereof the applicant be sentenced to a total term of two years five months and twenty-seven days imprisonment to consist of a minimum term of five months and...