Samuel v R [2017] NSWCCA 239

Samuel v R [2017] NSWCCA 239

The assessment of the utilitarian value of the applicant's plea of guilty was not in error; the sentencing judge properly considered the impact of the applicant's absconding and delay. The judge did not impermissibly increase the seriousness of the drug supply charge based on firearm possession, nor did she sentence on the basis of an offence not included in the Form 1. No appealable error was established.

Jurisdiction
Australia
Judgment Date
09 October 2017
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence and Appeal Determination
Outcome
Appeal dismissed. Leave to appeal granted. Extension of time granted.
Legal Topics
['sentence Appeal' 'drug Offences' 'firearms Offences' 'utilitarian Value of Guilty Plea' 'objective Seriousness' 'form 1 Offences']
['criminal Law'] ['sentence Appeal' 'drug Offences' 'firearms Offences' 'utilitarian Value of Guilty Plea' 'objective Seriousness' 'form 1 Offences']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence and Appeal Determination

Legal Issues

  1. 1 ['Whether sentencing judge erred in assessment of utilitarian value of guilty plea' 'Whether contemporaneous possession of firearms and drug supply increased seriousness of offending' 'Whether sentencing judge improperly took into account an offence not on Form 1']

Ratio Decidendi

The assessment of the utilitarian value of the applicant's plea of guilty was not in error; the sentencing judge properly considered the impact of the applicant's absconding and delay. The judge did not impermissibly increase the seriousness of the drug supply charge based on firearm possession, nor did she sentence on the basis of an offence not included in the Form 1. No appealable error was established.

Court Disposition

Appeal dismissed. Leave to appeal granted. Extension of time granted.

Orders

  • ['Time within which the application for leave to appeal is to be filed extended until 5 June 2017.' 'Leave to appeal granted.' 'Appeal dismissed.']