Singh v R [2018] NSWCCA 60

Singh v R [2018] NSWCCA 60

The sentencing judge did not err in the assessment of contrition, remorse, or cooperation. The judge took into account all evidence and provided appropriate reductions; there was no relevant disclosure of unknown guilt to warrant an Ellis discount. The overall discount for cooperation and guilty plea was consistent with the value of assistance provided.

Jurisdiction
Australia
Judgment Date
11 April 2018
Procedural Posture
Appeal Against Sentence / Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence refused
Legal Topics
['sentencing' 'discount for Cooperation' 'contrition and Remorse' 'commonwealth Offences']
['criminal Law'] ['sentencing' 'discount for Cooperation' 'contrition and Remorse' 'commonwealth Offences']

Case Brief

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Procedural Posture

Appeal Against Sentence / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the contrition of the applicant and failing to give an appropriate discount as referred to in R v Ellis' "Whether the sentencing judge erred in failing to reduce the sentence to reflect the applicant's cooperation under s 16A(2)(h) of the Crimes Act 1914"]

Ratio Decidendi

The sentencing judge did not err in the assessment of contrition, remorse, or cooperation. The judge took into account all evidence and provided appropriate reductions; there was no relevant disclosure of unknown guilt to warrant an Ellis discount. The overall discount for cooperation and guilty plea was consistent with the value of assistance provided.

Court Disposition

Leave to appeal against sentence refused

Orders

  • ['Leave to appeal against sentence refused']