Lowe v R [2023] NSWCCA 169

Lowe v R [2023] NSWCCA 169

Leave to appeal against sentence granted as errors were established in failing to apply a discount for assistance and in incorrectly applying discount for guilty plea; however, neither error warranted a lesser sentence on resentencing, and the original sentence was sufficiently lenient given the objective seriousness of the offences.

Parties
Applicant: Michael Lowe; Respondent: Rex
Jurisdiction
Australia
Judgment Date
05 July 2023
Procedural Posture
Appeal Against Sentence / Court of Criminal Appeal Decision
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
Sentencing, Appeal Against Sentence, Aggregate Sentencing, Discount for Guilty Plea, Assistance to Authorities, Supply of Drugs, Dealing With Proceeds of Crime
Criminal Law Sentencing Appeal Against Sentence Aggregate Sentencing Discount for Guilty Plea Assistance to Authorities Supply of Drugs Dealing With Proceeds of Crime

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Parties

Michael Lowe

Applicant

Rex

Respondent

Procedural Posture

Appeal Against Sentence / Court of Criminal Appeal Decision

Legal Issues

  1. 1 Whether sentencing judge erred by failing to apply discount for assistance on s 193 Offence
  2. 2 Whether sentencing judge erred by applying plea discount to aggregate sentence rather than to indicative sentences
  3. 3 Whether lesser sentence was warranted on re-sentencing

Ratio Decidendi

Leave to appeal against sentence granted as errors were established in failing to apply a discount for assistance and in incorrectly applying discount for guilty plea; however, neither error warranted a lesser sentence on resentencing, and the original sentence was sufficiently lenient given the objective seriousness of the offences.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • Leave to appeal against sentence is granted.
  • Appeal is dismissed.