Regina v Davidson [2000] NSWCCA 393

Regina v Davidson [2000] NSWCCA 393

Although the sentencing judge did not err in imposing full-time custody for the drug supply offence, materially prejudicial and erroneous information in the pre-sentence report was before the sentencing court without challenge, causing procedural unfairness. Justice therefore required the sentence to be quashed and replaced with a three-year good behaviour bond.

Jurisdiction
Australia
Judgment Date
21 June 2000
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment
Outcome
Application for leave to appeal granted; appeal granted; sentence quashed and replaced by a three-year good behaviour bond.
Legal Topics
['supply of Prohibited Drug' 'amphetamine' 'pre Sentence Report' 'procedural Unfairness' 'full Time Custody' 'good Behaviour Bond']
['criminal Law' 'sentencing' 'appellate Procedure'] ['supply of Prohibited Drug' 'amphetamine' 'pre Sentence Report' 'procedural Unfairness' 'full Time Custody' 'good Behaviour Bond']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ['Whether the sentence imposed for supplying amphetamine should be disturbed on appeal.' 'Whether prejudicial and incorrect material in the pre-sentence report caused procedural unfairness to the applicant.' 'Whether a non-full time custodial sentence or other substitute order was appropriate.']

Ratio Decidendi

Although the sentencing judge did not err in imposing full-time custody for the drug supply offence, materially prejudicial and erroneous information in the pre-sentence report was before the sentencing court without challenge, causing procedural unfairness. Justice therefore required the sentence to be quashed and replaced with a three-year good behaviour bond.

Court Disposition

Application for leave to appeal granted; appeal granted; sentence quashed and replaced by a three-year good behaviour bond.

Orders

  • ['Application for leave to appeal granted.' 'Appeal granted.' 'Sentence of Howie DCJ of 10 February 2000 quashed.' "In lieu thereof the applicant is to enter into a good behaviour bond containing conditions that he will appear before the Court if called on to do so at any time during the term of the bond; that he...