Bayssari v Regina [2021] NSWCCA 235

Bayssari v Regina [2021] NSWCCA 235

Although the offences could be regarded as low range and the sentences were towards the upper end of the available range, the applicant's poor criminal history and the legitimate importance of general and specific deterrence meant that the aggregate sentence and indicative sentences did not exceed the reasonable discretionary range. The sentencing Judge was entitled to reject a community-based sentence, and manifest excess was not established.

Jurisdiction
Australia
Judgment Date
06 October 2021
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal From the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manifest Excess' 'supply of Prohibited Drug' 'general Deterrence' 'specific Deterrence' 'intensive Correction Order' 'aggregate Sentence' 'non Parole Period' 'form 1 Offences']
['criminal Law' 'sentencing' 'criminal Appeals' 'drug Offences'] ['manifest Excess' 'supply of Prohibited Drug' 'general Deterrence' 'specific Deterrence' 'intensive Correction Order' 'aggregate Sentence' 'non Parole Period' 'form 1 Offences']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave to appeal against sentence should be granted.' 'Whether the aggregate sentence of 2 years and 9 months imprisonment with a non-parole period of 1 year and 7 months was manifestly excessive.' 'Whether the sentencing Judge erred by imposing full-time imprisonment rather than allowing the sentence to be served in the community.']

Ratio Decidendi

Although the offences could be regarded as low range and the sentences were towards the upper end of the available range, the applicant's poor criminal history and the legitimate importance of general and specific deterrence meant that the aggregate sentence and indicative sentences did not exceed the reasonable discretionary range. The sentencing Judge was entitled to reject a community-based sentence, and manifest excess was not established.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']