Regina v Payne [2005] NSWCCA 84

Regina v Payne [2005] NSWCCA 84

The sentence imposed for the second offence was manifestly inadequate given the quantity of drug involved, the commission of the offence while on a bond for a similar offence, and the error in making the sentences substantially concurrent. The appropriate remedy is to quash the sentence and re-sentence the respondent to twenty months' imprisonment by way of periodic detention, to commence after the non-parole period of the earlier sentence, with a non-parole period of twelve months.

Jurisdiction
Australia
Judgment Date
05 April 2005
Procedural Posture
Crown Appeal Against Sentence / Judgment on Appeal
Outcome
Appeal allowed; sentence quashed; respondent resentenced.
Legal Topics
['sentencing' 'supply of Prohibited Drug' 'crown Appeal Against Sentence' 'periodic Detention' 'suspended Sentence' 'accumulation of Sentences']
['criminal Law'] ['sentencing' 'supply of Prohibited Drug' 'crown Appeal Against Sentence' 'periodic Detention' 'suspended Sentence' 'accumulation of Sentences']

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

Crown Appeal Against Sentence / Judgment on Appeal

Legal Issues

  1. 1 ["Whether the District Court's sentence for supply of methylamphetamine was manifestly inadequate." 'Whether sentences for separate drug supply offences should have been concurrent or accumulated.' 'Correct approach to mitigating and aggravating factors under s 21A Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The sentence imposed for the second offence was manifestly inadequate given the quantity of drug involved, the commission of the offence while on a bond for a similar offence, and the error in making the sentences substantially concurrent. The appropriate remedy is to quash the sentence and re-sentence the respondent to twenty months' imprisonment by way of periodic detention, to commence after the non-parole period of the earlier sentence, with a non-parole period of twelve months.

Court Disposition

Appeal allowed; sentence quashed; respondent resentenced.

Orders

  • ['Allow the appeal and quash the sentence on count two imposed in the District Court.' "In lieu thereof the respondent is sentenced to a term of twenty months' imprisonment." 'The sentence is to be served by way of periodic detention and will commence on Friday 20 May 2005.' 'Specify a non-parole period of twelve...