Regina v Davis [2001] NSWCCA 254

Regina v Davis [2001] NSWCCA 254

Leave to appeal is granted based on undue harshness caused by having to serve the entire sentence in maximum security for an instinctive escape; minimum term for offence of 24 April 1998 reduced to two years six months; no error found in parity analysis or drug valuation impact on sentencing.

Jurisdiction
Australia
Judgment Date
18 June 2001
Procedural Posture
Criminal Appeal / Leave to Appeal and Sentencing Reassessment
Outcome
Leave to appeal granted. Appeal against sentence for offence of 24 April 1998 allowed; minimum term reduced. Appeal against sentence for offence of 23 November 1998 dismissed.
Legal Topics
['sentencing' 'drug Offences' 'appeal' 'maximum Security Imprisonment' 'parity Principles']
['criminal Law'] ['sentencing' 'drug Offences' 'appeal' 'maximum Security Imprisonment' 'parity Principles']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Sentencing Reassessment

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive given maximum security imprisonment for escape police custody.' 'Whether parity principles and Judicial Commission statistics warranted intervention.' 'Accuracy of drug valuation and impact on sentencing.']

Ratio Decidendi

Leave to appeal is granted based on undue harshness caused by having to serve the entire sentence in maximum security for an instinctive escape; minimum term for offence of 24 April 1998 reduced to two years six months; no error found in parity analysis or drug valuation impact on sentencing.

Court Disposition

Leave to appeal granted. Appeal against sentence for offence of 24 April 1998 allowed; minimum term reduced. Appeal against sentence for offence of 23 November 1998 dismissed.

Orders

  • ['Applicant sentenced to imprisonment for 5 years starting on 19 January 2000 with a non-parole period of 2 years 6 months ending on 18 July 2002 for offence of 24 April 1998.' 'Sentence for offence of 23 November 1998 (LSD) taking into account matters on Form 1 dismissed.']