Roy v R [2021] NSWCCA 247

Roy v R [2021] NSWCCA 247

The sentencing discretion miscarried because the applicant's assistance to authorities, though available at the time of sentence, was not brought to the sentencing judge's attention; applying Khoury v R and s 23 of the Crimes (Sentencing Procedure) Act, an additional sentencing discount was warranted, and the aggregate sentence was reduced accordingly.

Parties
Applicant: Neildeep Roy; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
22 October 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed.
Legal Topics
Appeal Against Sentence, Denial of Procedural Fairness, Sentencing Discretion, Sentencing Discount for Assistance to Authorities
Criminal Law Appeal Against Sentence Denial of Procedural Fairness Sentencing Discretion Sentencing Discount for Assistance to Authorities

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Parties

Neildeep Roy

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether sentencing discretion miscarried due to failure of applicant's representatives to bring to sentencing judge's attention the assistance provided by the applicant to authorities
  2. 2 Whether sentencing discount ought to have been applied for applicant's assistance to authorities

Ratio Decidendi

The sentencing discretion miscarried because the applicant's assistance to authorities, though available at the time of sentence, was not brought to the sentencing judge's attention; applying Khoury v R and s 23 of the Crimes (Sentencing Procedure) Act, an additional sentencing discount was warranted, and the aggregate sentence was reduced accordingly.

Court Disposition

Appeal allowed.

Orders

  • Quash the sentence imposed in the District Court on 12 June 2020.
  • Impose a sentence of imprisonment for 5 years and 9 months commencing on 22 July 2018 and expiring on 21 April 2024 with a non-parole period of 3 years and 3 months.