Andreou v R [2023] NSWCCA 295

Andreou v R [2023] NSWCCA 295

The aggregate sentence was not manifestly excessive because the indicative sentence for the most serious offence, supply of a pump action shotgun, was within range, and the additional notional accumulation of 1 year and 9 months on the head sentence and 9 months on the non-parole period for all other offending was very modest.

Jurisdiction
Australia
Judgment Date
27 November 2023
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Imposed in the District Court
Outcome
Leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['manifest Excess' 'aggregate Sentence' 'indicative Sentences' 'accumulation' 'supply of Prohibited Firearm' 'possession of Prohibited Firearms' 'dealing With Property Reasonably Suspected of Being Proceeds of Crime' 'supply of Prohibited Drug']
['criminal Law' 'sentencing' 'firearms Offences' 'drug Offences' 'proceeds of Crime'] ['manifest Excess' 'aggregate Sentence' 'indicative Sentences' 'accumulation' 'supply of Prohibited Firearm' 'possession of Prohibited Firearms' 'dealing With Property Reasonably Suspected of Being Proceeds of Crime' 'supply of Prohibited Drug']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Aggregate Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the aggregate sentence of 5 years imprisonment with a non-parole period of 3 years was manifestly excessive.' 'Whether the indicative sentences for some lesser offences were disproportionate to their objective seriousness.' 'Whether the degree of notional accumulation implicit in the aggregate sentence was unreasonable.']

Ratio Decidendi

The aggregate sentence was not manifestly excessive because the indicative sentence for the most serious offence, supply of a pump action shotgun, was within range, and the additional notional accumulation of 1 year and 9 months on the head sentence and 9 months on the non-parole period for all other offending was very modest.

Court Disposition

Leave to appeal granted; appeal against sentence dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal against sentence.']