R v Sonter [2005] NSWCCA 458

R v Sonter [2005] NSWCCA 458

The court found error in the arithmetical calculation of the non-parole period relative to the total sentence, resulting in an unduly short period for parole and rehabilitation. The sentence was varied to adjust the non-parole and parole periods to better reflect statutory proportions and provide opportunity for successful parole.

Parties
Prosecution: Regina; Applicant: Michael John Sonter
Jurisdiction
Australia
Judgment Date
06 December 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed in part; sentence varied
Legal Topics
Sentencing, Multiple Offences, Parole, Form 1 Procedure, Aggravating Factors, Error in Sentencing
Criminal Law Sentencing Multiple Offences Parole Form 1 Procedure Aggravating Factors Error in Sentencing

Case Brief

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Parties

Regina

Prosecution

Michael John Sonter

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether there was error in the sentencing process regarding the period of supply and Form 1 documentation
  2. 2 Whether the applicant's prior record was incorrectly treated as an aggravating factor under s 21A Crimes (Sentencing Procedure) Act 1999
  3. 3 Whether the non-parole period was inappropriate as a proportion of the total sentence

Ratio Decidendi

The court found error in the arithmetical calculation of the non-parole period relative to the total sentence, resulting in an unduly short period for parole and rehabilitation. The sentence was varied to adjust the non-parole and parole periods to better reflect statutory proportions and provide opportunity for successful parole.

Court Disposition

Appeal allowed in part; sentence varied

Orders

  • Application for leave to appeal against sentence granted and the appeal allowed in part.
  • Sentence for ongoing supply of prohibited drug quashed; in lieu, applicant sentenced to imprisonment with a non-parole period of three years five months commencing 9 December 2004 and expiring 8 May 2008, and a parole period of one year seven months commencing 9 May 2008.