Chartres-Abbott v R [2021] NSWCCA 239

Chartres-Abbott v R [2021] NSWCCA 239

The aggregate sentence imposed by the District Court was manifestly excessive as it exceeded the available range illustrated by comparable cases and lacked sufficient concurrency for offences substantially part of a single enterprise. The appellate court exercised sentencing discretion afresh, quashed the original sentence, and imposed a new aggregate sentence reflecting proper totality, concurrency, and proportionality principles.

Parties
Applicant: Mark Chartres-Abbott; Respondent: Crown
Jurisdiction
Australia
Judgment Date
06 October 2021
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision on Sentence Appeal
Outcome
Appeal allowed, aggregate sentence quashed, new aggregate sentence imposed with fresh non-parole period.
Legal Topics
Appeal Against Sentence, Manifest Excess, Drug Offences, Firearms Offences, Aggregate Sentencing, Resentencing, Discount for Guilty Plea
Criminal Law Appeal Against Sentence Manifest Excess Drug Offences Firearms Offences Aggregate Sentencing Resentencing Discount for Guilty Plea

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Parties

Mark Chartres-Abbott

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Decision on Sentence Appeal

Legal Issues

  1. 1 Whether the aggregate sentence imposed was manifestly excessive
  2. 2 Appropriate level of concurrency for multiple offences forming part of a single enterprise
  3. 3 Appropriate application of discounts for guilty plea in aggregate sentencing cases

Ratio Decidendi

The aggregate sentence imposed by the District Court was manifestly excessive as it exceeded the available range illustrated by comparable cases and lacked sufficient concurrency for offences substantially part of a single enterprise. The appellate court exercised sentencing discretion afresh, quashed the original sentence, and imposed a new aggregate sentence reflecting proper totality, concurrency, and proportionality principles.

Court Disposition

Appeal allowed, aggregate sentence quashed, new aggregate sentence imposed with fresh non-parole period.

Orders

  • Grant leave to appeal against the aggregate sentence imposed on 28 August 2020 by the District Court.
  • Allow the appeal.