Allan v R [2023] NSWCCA 199

Allan v R [2023] NSWCCA 199

The aggregate sentence was manifestly excessive because the offending was minor street-level drug supply involving a relatively small total quantity, the sentencing judge accepted significant mitigating circumstances including childhood trauma, mental health issues, substance use disorder and the purpose of funding the applicant's own use, but did not carry those findings through into the sentence; the indicative sentences were unduly long and the degree of notional accumulation was unwarranted given the homogeneous offending within a single, relatively short episode.

Jurisdiction
Australia
Judgment Date
18 August 2023
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against an Aggregate Sentence Imposed in the District Court
Outcome
Leave to appeal granted; appeal allowed; aggregate sentence quashed; applicant resentenced to a lesser aggregate sentence.
Legal Topics
['manifest Excess' 'supply of Methylamphetamine on an Ongoing Basis' 'aggregate Sentence' 'form 1 Offences' 'subjective Case' 'bugmy Principles' 'special Circumstances' 'parole']
['criminal Law' 'sentencing' 'criminal Appeals'] ['manifest Excess' 'supply of Methylamphetamine on an Ongoing Basis' 'aggregate Sentence' 'form 1 Offences' 'subjective Case' 'bugmy Principles' 'special Circumstances' 'parole']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against an Aggregate Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the aggregate sentence imposed for two offences of supplying methylamphetamine on an ongoing basis was manifestly excessive.' "Whether the sentencing judge gave sufficient effect to the applicant's mitigating subjective circumstances in sentencing for small-scale street dealing." 'Whether the notional accumulation within the aggregate sentence was warranted given the homogeneous offending over a relatively short episode.']

Ratio Decidendi

The aggregate sentence was manifestly excessive because the offending was minor street-level drug supply involving a relatively small total quantity, the sentencing judge accepted significant mitigating circumstances including childhood trauma, mental health issues, substance use disorder and the purpose of funding the applicant's own use, but did not carry those findings through into the sentence; the indicative sentences were unduly long and the degree of notional accumulation was unwarranted given the homogeneous offending within a single, relatively short episode.

Court Disposition

Leave to appeal granted; appeal allowed; aggregate sentence quashed; applicant resentenced to a lesser aggregate sentence.

Orders

  • ['Quash the aggregate sentence ordered on 21 September 2022 in respect of sequences 57 and 61 on charge sheet H1217236.' 'In lieu thereof the applicant is sentenced to imprisonment for an aggregate term of 3 years and 6 months commencing on 8 July 2021 and expiring on 1 January 2025 with a non-parole period of 2...