Shalida v R [2024] NSWCCA 55

Shalida v R [2024] NSWCCA 55

The sentence imposed, including the utilitarian discount for a delayed plea entered after plea negotiations and in accordance with both legal principles and the submissions at sentence, was within the bounds of a proper sentencing discretion; no miscarriage of justice arose from the alleged errors or the handling of the pre-sentence report, and no error was shown in the sentencing judge’s assessment of rehabilitation, remorse, recognition of mitigating factors, or in declining immediate recognizance.

Jurisdiction
Australia
Judgment Date
29 April 2024
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Sentence and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed; orders made for adjustment of commencement of sentence due to time at liberty on bail during appeal.
Legal Topics
['drug Offences' 'sentencing' 'appeal Against Sentence' 'commonwealth Offences' 'attempted Possession of Unlawfully Imported Drug' 'utilitarian Discount for Guilty Plea' 'admissibility of Fresh or New Evidence' 'contrition' 'prospects of Rehabilitation']
['criminal Law'] ['drug Offences' 'sentencing' 'appeal Against Sentence' 'commonwealth Offences' 'attempted Possession of Unlawfully Imported Drug' 'utilitarian Discount for Guilty Plea' 'admissibility of Fresh or New Evidence' 'contrition' 'prospects of Rehabilitation']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Sentence and Substantive Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge misapplied principles relating to utilitarian discount for guilty plea' 'Whether sentencing judge failed to consider relevant factors, including rehabilitation and likelihood of reoffending' 'Whether sentence imposed was manifestly excessive' 'Whether new or fresh evidence relating to pre-sentence report or legal representation should be admitted']

Ratio Decidendi

The sentence imposed, including the utilitarian discount for a delayed plea entered after plea negotiations and in accordance with both legal principles and the submissions at sentence, was within the bounds of a proper sentencing discretion; no miscarriage of justice arose from the alleged errors or the handling of the pre-sentence report, and no error was shown in the sentencing judge’s assessment of rehabilitation, remorse, recognition of mitigating factors, or in declining immediate recognizance.

Court Disposition

Leave to appeal granted; appeal dismissed; orders made for adjustment of commencement of sentence due to time at liberty on bail during appeal.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.' "Pursuant to s 28A(2) of the Criminal Appeal Act 1912 (NSW), the applicant's sentence is to recommence on 29 April 2024." 'For purposes of s 18(2) of the Criminal Appeal Act, the period of 353 days from 12 May 2023 to 28 April 2024 (both dates inclusive) does not count...