Collier v R [2012] NSWCCA 213

Collier v R [2012] NSWCCA 213

The sentencing judge erred by failing to impose a non-parole period for count 1, breached the Pearce v R rule by determining overall sentence before individual sentences, and accumulated sentences excessively; therefore, the appeal is upheld and the applicant resentenced with appropriate non-parole periods and accumulation reflecting the totality principle.

Parties
Applicant: Maree Collier; Respondent: Crown
Jurisdiction
Australia
Judgment Date
04 October 2012
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Leave to appeal granted; appeal upheld; District Court sentence quashed; applicant resentenced.
Legal Topics
Sentencing, Appeals, Drug Related Offences, Standard Non Parole Period, Accumulation and Concurrency, Special Circumstances
Criminal Law Sentencing Appeals Drug Related Offences Standard Non Parole Period Accumulation and Concurrency Special Circumstances

Case Brief

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Parties

Maree Collier

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether sentencing judge erred by failing to impose a non-parole period for count 1
  2. 2 Error in considering the standard non-parole period
  3. 3 Breach of rule in Pearce v R (individual sentences before overall sentence)

Ratio Decidendi

The sentencing judge erred by failing to impose a non-parole period for count 1, breached the Pearce v R rule by determining overall sentence before individual sentences, and accumulated sentences excessively; therefore, the appeal is upheld and the applicant resentenced with appropriate non-parole periods and accumulation reflecting the totality principle.

Court Disposition

Leave to appeal granted; appeal upheld; District Court sentence quashed; applicant resentenced.

Orders

  • Grant leave to appeal.
  • Uphold the appeal and quash the sentence imposed in the District Court.