SPAROS, Luke v R [2013] NSWCCA 223

SPAROS, Luke v R [2013] NSWCCA 223

It is permissible for a sentencing judge, when applying the totality principle and in determining issues of concurrency or accumulation, to take into account the criminality disclosed by Form 1 offences. This does not amount to impermissible double counting, nor does it involve punishing the offender for unconvicted...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 October 2013
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Decision
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'importation of Drugs' 'supply of Drugs' 'sentencing Principles' 'form 1 Offences' 'totality Principle' 'concurrency and Accumulation of Sentence' 'retribution' 'double Counting']
['criminal Law'] ['appeal Against Sentence' 'importation of Drugs' 'supply of Drugs' 'sentencing Principles' 'form 1 Offences' 'totality Principle' 'concurrency and Accumulation of Sentence' 'retribution' 'double Counting']

Source-derived case record

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Decision

Legal Issues

  1. 1 ['Whether the sentencing judge erred by taking into account the Form 1 offence twice (double counting) when considering cumulation of sentences and application of totality principle' 'Whether retribution was exacted for the Form 1 offence' 'Whether full concurrency of the sentences for the importation and supply offences was warranted']

Ratio Decidendi

It is permissible for a sentencing judge, when applying the totality principle and in determining issues of concurrency or accumulation, to take into account the criminality disclosed by Form 1 offences. This does not amount to impermissible double counting, nor does it involve punishing the offender for unconvicted offences, as long as no separate sentence is imposed. In this case, the sentencing judge's approach did not involve error, and partial accumulation was justified, with no requirement for full concurrency.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence be granted.' 'The appeal be dismissed.']