Ebrahami v R [2019] NSWCCA 273

Ebrahami v R [2019] NSWCCA 273

No error was shown in the sentencing judge's assessment of the objective seriousness of the drug supply offence, which was based on the amount and high purity of the methylamphetamine. However, the aggregate sentence and the indicative sentence for the drug supply count sat well towards the top of the range shown by comparable cases, many of which involved much larger quantities or additional offending, and the aggregate sentence was manifestly excessive. A lesser aggregate sentence of 8 years with a non-parole period of 5 years was warranted after allowing a 20% guilty plea discount and finding special circumstances.

Jurisdiction
Australia
Judgment Date
13 November 2019
Procedural Posture
Application for Leave to Appeal Against Sentence / Appeal From Sentence Imposed in the District Court of New South Wales
Outcome
Leave to appeal granted; appeal allowed; aggregate sentence quashed and applicant resentenced.
Legal Topics
['supply Large Commercial Quantity of Methylamphetamine' 'knowingly Dealing With Proceeds of Crime' 'objective Seriousness' 'manifest Excess' 'aggregate Sentence' 'comparable Cases' 'guilty Plea Discount' 'special Circumstances']
['criminal Law' 'sentencing'] ['supply Large Commercial Quantity of Methylamphetamine' 'knowingly Dealing With Proceeds of Crime' 'objective Seriousness' 'manifest Excess' 'aggregate Sentence' 'comparable Cases' 'guilty Plea Discount' 'special Circumstances']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Appeal From Sentence Imposed in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective seriousness of the drug supply offence as slightly below the mid-range.' 'Whether the aggregate sentence of 11 years and 6 months with a non-parole period of 7 years and 6 months was manifestly excessive.']

Ratio Decidendi

No error was shown in the sentencing judge's assessment of the objective seriousness of the drug supply offence, which was based on the amount and high purity of the methylamphetamine. However, the aggregate sentence and the indicative sentence for the drug supply count sat well towards the top of the range shown by comparable cases, many of which involved much larger quantities or additional offending, and the aggregate sentence was manifestly excessive. A lesser aggregate sentence of 8 years with a non-parole period of 5 years was warranted after allowing a 20% guilty plea discount and finding special circumstances.

Court Disposition

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

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Aggregate sentence imposed in the District Court quashed.' 'In lieu, applicant sentenced to an aggregate sentence of 8 years with a non-parole period of 5 years, commencing on 11 August 2017.' 'Applicant eligible for parole on 11 August 2022.']