Fuller v R [2024] NSWCCA 106

Fuller v R [2024] NSWCCA 106

The sentencing judge denied the applicant procedural fairness by rejecting the applicant’s evidence of remorse on the basis of adverse findings regarding the ERISP, without affording the applicant an opportunity to address those adverse findings which departed from an agreed position between the parties. This warranted setting aside the sentence and resentencing the applicant.

Parties
Applicant: Nathan Fuller; Respondent: Rex
Jurisdiction
Australia
Judgment Date
21 June 2024
Procedural Posture
Criminal Appeal / Determination of Appeal and Resentencing
Outcome
Appeal allowed; sentence quashed; applicant resentenced
Legal Topics
Sentencing, Procedural Fairness, Remorse and Contrition, Manifest Excess
Criminal Law Sentencing Procedural Fairness Remorse and Contrition Manifest Excess

Case Brief

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Parties

Nathan Fuller

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Determination of Appeal and Resentencing

Legal Issues

  1. 1 Whether the sentencing judge denied procedural fairness when deciding the applicant's evidence of remorse and the ERISP interview
  2. 2 Whether proper weight was given to the applicant's plea of guilty as evidence of contrition
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge denied the applicant procedural fairness by rejecting the applicant’s evidence of remorse on the basis of adverse findings regarding the ERISP, without affording the applicant an opportunity to address those adverse findings which departed from an agreed position between the parties. This warranted setting aside the sentence and resentencing the applicant.

Court Disposition

Appeal allowed; sentence quashed; applicant resentenced

Orders

  • Grant leave to appeal.
  • Allow the appeal.