R v Issa [2002] NSWCCA 206

R v Issa [2002] NSWCCA 206

The conviction appeal failed because the evidence did not rationally support the proposition that the appellant's plea of guilty was entered under pressure; he exercised a free choice after proper advice about the Crown case and sentencing consequences. The asserted miscarriage in the conduct of sentencing also failed because the transcript showed counsel made proper and appropriate submissions. However, the sentence appeal succeeded because s 33(4)(b) of the Crimes (Sentencing Procedure) Act 1999 prohibited the District Court from taking into account on a Form 1 an indictable offence punishable with imprisonment for life, namely the 4 February 1999 supply offence, so the sentencing...

Jurisdiction
Australia
Judgment Date
21 June 2002
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal After Guilty Plea and Sentence in the District Court
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted; sentence appeal allowed; sentences imposed in the District Court quashed; matter remitted to the District Court for re-sentence.
Legal Topics
['plea of Guilty Alleged to Be Under Pressure' 'miscarriage of Justice' 'form 1 Offences' 'taking Further Offences Into Account on Sentence' 'life Imprisonment Offence on Form 1' 'supply of Prohibited Drug Heroin']
['criminal Law' 'criminal Procedure' 'sentencing' 'drug Offences'] ['plea of Guilty Alleged to Be Under Pressure' 'miscarriage of Justice' 'form 1 Offences' 'taking Further Offences Into Account on Sentence' 'life Imprisonment Offence on Form 1' 'supply of Prohibited Drug Heroin']

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal After Guilty Plea and Sentence in the District Court

Legal Issues

  1. 1 ["Whether the appellant's plea of guilty was procured by pressure so as to give rise to a miscarriage of justice." 'Whether the sentencing proceedings miscarried because counsel was allegedly inadequately prepared or failed to call evidence and make submissions.' 'Whether the sentence miscarried because the District Court took into account on a Form 1 an indictable offence punishable with imprisonment for life contrary to s 33(4) of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The conviction appeal failed because the evidence did not rationally support the proposition that the appellant's plea of guilty was entered under pressure; he exercised a free choice after proper advice about the Crown case and sentencing consequences. The asserted miscarriage in the conduct of sentencing also failed because the transcript showed counsel made proper and appropriate submissions. However, the sentence appeal succeeded because s 33(4)(b) of the Crimes (Sentencing Procedure) Act 1999 prohibited the District Court from taking into account on a Form 1 an indictable offence punishable with imprisonment for life, namely the 4 February 1999 supply offence, so the sentencing...

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted; sentence appeal allowed; sentences imposed in the District Court quashed; matter remitted to the District Court for re-sentence.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentence granted.' 'Sentence appeal allowed and sentences imposed in the District Court quashed.' 'Matter remitted to the District Court for re-sentence in respect of the count in the indictment and the first matter in the Form 1 and otherwise to be...