R v Cuthel [2001] NSWCCA 347

R v Cuthel [2001] NSWCCA 347

The sentencing judge had considered the family hardship material, was not shown to have found the daughters' circumstances exceptional, and the proposed affidavits were not fresh evidence but developments of matters raised below. The sentence had to be assessed as an overall concurrent sentencing regime that also punished the firearm and witness-influence offences, not by isolating Judicial Commission statistics for the drug count. In the attenuated factual matrix before the sentencing judge, no appellable error or manifest excess was established.

Jurisdiction
Australia
Judgment Date
10 September 2001
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['unauthorised Possession of a Firearm' 'supply Prohibited Drug' 'attempt to Influence a Witness' 'totality' 'family Hardship' 'special Circumstances' 'fresh Evidence' 'manifest Excess']
['criminal Law' 'sentencing'] ['unauthorised Possession of a Firearm' 'supply Prohibited Drug' 'attempt to Influence a Witness' 'totality' 'family Hardship' 'special Circumstances' 'fresh Evidence' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge failed to reflect the disadvantages to the applicant's family caused by his incarceration." 'Whether affidavit evidence tendered on the appeal should be received as fresh evidence.' 'Whether the effective sentence for the drug offence was excessive by reference to Judicial Commission statistics.' 'Whether special circumstances warranted a greater departure from the statutory ratio.' 'Whether the sentencing regime involved appellable error or was manifestly excessive.']

Ratio Decidendi

The sentencing judge had considered the family hardship material, was not shown to have found the daughters' circumstances exceptional, and the proposed affidavits were not fresh evidence but developments of matters raised below. The sentence had to be assessed as an overall concurrent sentencing regime that also punished the firearm and witness-influence offences, not by isolating Judicial Commission statistics for the drug count. In the attenuated factual matrix before the sentencing judge, no appellable error or manifest excess was established.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Application for leave to appeal granted.' 'Appeal dismissed.']