Lal v R [2006] NSWCCA 197

Lal v R [2006] NSWCCA 197

Although no error of fact or principle was detected and a full-time custodial sentence was appropriate, the sentence imposed was manifestly excessive because it failed to make due allowance for the rehabilitation achieved by the applicant during the approximately twelve months he was on bail before sentence.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 June 2006
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal allowed; sentence quashed; applicant resentenced.
Legal Topics
['supply of Prohibited Drug' 'manifestly Excessive Sentence' 'rehabilitation After Offending' 'offending While on Bail' 'scheduled Offences Taken Into Account' 'general Deterrence in Drug Trafficking']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'manifestly Excessive Sentence' 'rehabilitation After Offending' 'offending While on Bail' 'scheduled Offences Taken Into Account' 'general Deterrence in Drug Trafficking']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give due weight to the applicant's changed circumstances and rehabilitation by the time of sentence." "Whether the sentence imposed was of a kind appropriate for an established course of commercial dealing rather than the applicant's offending." 'Whether the sentencing judge was too much influenced by the fact that the offence was committed while the applicant was on bail.' 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

Although no error of fact or principle was detected and a full-time custodial sentence was appropriate, the sentence imposed was manifestly excessive because it failed to make due allowance for the rehabilitation achieved by the applicant during the approximately twelve months he was on bail before sentence.

Court Disposition

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

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Sentence quashed.' 'In lieu thereof, the applicant is sentenced to a non parole period of twelve months to date from 13 October 2005 and to conclude on 12 October 2006.' 'A parole period of eight months is set, to date from 13 October 2006.']