Garcia-Godos v R [2021] NSWCCA 229

Garcia-Godos v R [2021] NSWCCA 229

The sentencing judge's failure to consider the utilitarian value of the plea of guilty constituted a Xiao error, and under Diaz v R and Kentwell v The Queen, required the Court to re-exercise sentencing discretion. No breach of the prohibition in Barbaro v The Queen was found; the Crown's submissions concerned parity and comparable cases rather than sentence bounds. No material reduction in sentence was warranted on re-sentencing.

Parties
Applicant: Luis Garcia-Godos; Respondent: Regina
Jurisdiction
Australia
Judgment Date
24 September 2021
Procedural Posture
Appeal / Application for Leave to Appeal Against Sentence and Re Sentencing
Outcome
Appeal dismissed; extension of time and leave to appeal granted
Legal Topics
Appeals, Sentencing, Discount for Plea of Guilty, Utilitarian Value of Plea, Non Parole Period, Parity, Drug Importation, Money Laundering
Criminal Law Appeals Sentencing Discount for Plea of Guilty Utilitarian Value of Plea Non Parole Period Parity Drug Importation +1 more

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Parties

Luis Garcia-Godos

Applicant

Regina

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal Against Sentence and Re Sentencing

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to take into account the utilitarian value of the plea of guilty
  2. 2 Whether the sentencing judge breached the prohibition in Barbaro v The Queen by asking for and acting upon the views of the Crown Prosecutor as to the bounds of the available range of sentences
  3. 3 Whether the sentencing judge erred by applying a principle that subjective factors must play a lesser role in drug importation cases

Ratio Decidendi

The sentencing judge's failure to consider the utilitarian value of the plea of guilty constituted a Xiao error, and under Diaz v R and Kentwell v The Queen, required the Court to re-exercise sentencing discretion. No breach of the prohibition in Barbaro v The Queen was found; the Crown's submissions concerned parity and comparable cases rather than sentence bounds. No material reduction in sentence was warranted on re-sentencing.

Court Disposition

Appeal dismissed; extension of time and leave to appeal granted

Orders

  • Extend the time within which the applicant is to file an application for leave to appeal to 12 April 2021.
  • Grant leave to appeal.