RE v R [2005] NSWCCA 429

RE v R [2005] NSWCCA 429

A combined discount of not less than 50% should have been allowed for the applicant's early plea of guilty and assistance. The original starting point of eleven years was manifestly excessive for the applicant's limited role. The sentencing judge failed to sufficiently quantify the discount, and the sentence should be re-calculated using a lower starting point and a 50% combined discount.

Jurisdiction
Australia
Judgment Date
16 December 2005
Procedural Posture
Criminal Appeal / Leave to Appeal and Re Sentencing
Outcome
Leave to appeal granted. Appeal allowed in part. Applicant re-sentenced for first offence. Sentences for other offences confirmed.
Legal Topics
['sentencing' 'discounts for Guilty Plea and Assistance' 'manifestly Excessive Sentences' 'special Circumstances']
['criminal Law'] ['sentencing' 'discounts for Guilty Plea and Assistance' 'manifestly Excessive Sentences' 'special Circumstances']

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Procedural Posture

Criminal Appeal / Leave to Appeal and Re Sentencing

Legal Issues

  1. 1 ["Whether the sentencing judge gave insufficient allowance for the applicant's assistance and pleas of guilty" 'Whether the sentences were manifestly excessive']

Ratio Decidendi

A combined discount of not less than 50% should have been allowed for the applicant's early plea of guilty and assistance. The original starting point of eleven years was manifestly excessive for the applicant's limited role. The sentencing judge failed to sufficiently quantify the discount, and the sentence should be re-calculated using a lower starting point and a 50% combined discount.

Court Disposition

Leave to appeal granted. Appeal allowed in part. Applicant re-sentenced for first offence. Sentences for other offences confirmed.

Orders

  • ['Leave to appeal granted.' 'Appeal against sentence for first offence allowed.' 'Sentence imposed for first offence quashed.' 'Non-parole period of two years three months commencing 7 October 2003 and expiring 6 January 2006; balance of term of two years three months commencing 7 January 2006 and expiring 6 April...