Malouf v R [2019] NSWCCA 307

Malouf v R [2019] NSWCCA 307

The sentencing judge erred by comparing the quantity of methylamphetamine involved in the offence to the incorrect statutory threshold for large commercial quantity, thereby misassessing the offence's objective seriousness. The Court re-exercised sentencing discretion, imposing a new aggregate sentence commensurate with the correct assessment.

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Re Sentencing
Outcome
Appeal allowed; leave to appeal granted; aggregate sentence re-imposed
Legal Topics
['drug Supply Offences' 'sentencing' 'possession of Prohibited Weapon' 'conduct Drug Premises' 'assessment of Objective Seriousness' 'parity' 'manifestly Excessive Sentence']
['criminal Law'] ['drug Supply Offences' 'sentencing' 'possession of Prohibited Weapon' 'conduct Drug Premises' 'assessment of Objective Seriousness' 'parity' 'manifestly Excessive Sentence']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Re Sentencing

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessment of objective seriousness of drug supply offences' 'Whether there was error in consideration of Form 1 offences' "Whether the applicant's cognitive ability warranted a different approach to sentencing" 'Whether parity should apply' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentencing judge erred by comparing the quantity of methylamphetamine involved in the offence to the incorrect statutory threshold for large commercial quantity, thereby misassessing the offence's objective seriousness. The Court re-exercised sentencing discretion, imposing a new aggregate sentence commensurate with the correct assessment.

Court Disposition

Appeal allowed; leave to appeal granted; aggregate sentence re-imposed

Orders

  • ['Extend the time for filing the Notice of Application for Leave to Appeal to 30 April 2019.' 'Grant leave to appeal and allow the appeal.' 'Quash the sentences imposed in the District Court on 19 August 2016.' 'Impose an aggregate sentence of imprisonment for 8 years, 9 months with a non-parole period of 6 years, 6...