Su v R [2023] NSWCCA 207

Su v R [2023] NSWCCA 207

The sentencing judge did assess objective seriousness by considering the quantity and purity of the methamphetamine, the applicant's knowledge that he was dealing with a substantial importation, his role in providing cash, instructions and a SIM card, his position in the enterprise relative to the co-offenders, and his financial motivation. The judge was not required to use a particular verbal scale, and the findings supported seriousness beyond low objective seriousness. Having regard to the objective and subjective matters, including the applicant's youth, lack of criminal history, limited guilty plea discount, restricted evidence of remorse and rehabilitation, and parity...

Jurisdiction
Australia
Judgment Date
28 August 2023
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal to the Court of Criminal Appeal From Sentence Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['attempt to Possess Unlawfully Imported Border Controlled Drug' 'methamphetamine' 'commercial Quantity' 'manifest Excess' 'objective Seriousness' 'parity With Co Offenders' 'guilty Plea Discount']
['criminal Law' 'sentencing' 'criminal Appeals'] ['attempt to Possess Unlawfully Imported Border Controlled Drug' 'methamphetamine' 'commercial Quantity' 'manifest Excess' 'objective Seriousness' 'parity With Co Offenders' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal to the Court of Criminal Appeal From Sentence Imposed in the District Court

Legal Issues

  1. 1 ["Whether the sentence of 9 years and 10 months' imprisonment with a non-parole period of 6 years was manifestly excessive." 'Whether the sentencing judge erred in assessing the objective seriousness of the offence or failed to make a discernible finding as to objective seriousness.']

Ratio Decidendi

The sentencing judge did assess objective seriousness by considering the quantity and purity of the methamphetamine, the applicant's knowledge that he was dealing with a substantial importation, his role in providing cash, instructions and a SIM card, his position in the enterprise relative to the co-offenders, and his financial motivation. The judge was not required to use a particular verbal scale, and the findings supported seriousness beyond low objective seriousness. Having regard to the objective and subjective matters, including the applicant's youth, lack of criminal history, limited guilty plea discount, restricted evidence of remorse and rehabilitation, and parity...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.']