Giles-Adams v R; Preca v R [2023] NSWCCA 122

Giles-Adams v R; Preca v R [2023] NSWCCA 122

Error was established in the original sentencing by failing to expressly consider the applicants' willingness to facilitate the course of justice and by making findings about their intermediate role in a criminal enterprise without sufficient factual basis; this resulted in unjustifiable disparity between sentences of the applicants and their co-offender, warranting appellate intervention and re-sentencing.

Jurisdiction
Australia
Judgment Date
07 June 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed, applicants re-sentenced
Legal Topics
['appeal Against Sentence' 'attempted Importation of Border Controlled Drug' 'sentencing Principles' 'parity' 'objective Seriousness']
['criminal Law'] ['appeal Against Sentence' 'attempted Importation of Border Controlled Drug' 'sentencing Principles' 'parity' 'objective Seriousness']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether sentencing judge failed to take into account applicants' willingness to facilitate the course of justice" 'Whether sentencing judge erred in assessment of objective seriousness of the offence' 'Whether applicants have a justifiable sense of grievance in light of the sentence imposed on co-offender']

Ratio Decidendi

Error was established in the original sentencing by failing to expressly consider the applicants' willingness to facilitate the course of justice and by making findings about their intermediate role in a criminal enterprise without sufficient factual basis; this resulted in unjustifiable disparity between sentences of the applicants and their co-offender, warranting appellate intervention and re-sentencing.

Court Disposition

Appeal allowed, applicants re-sentenced

Orders

  • ['Grant leave to appeal to each applicant' 'Allow the appeal in each case' 'Quash each sentence imposed on 29 October 2021' 'Each applicant sentenced to a non-parole period of 8 years commencing on 15 August 2020 and expiring on 14 August 2028, with a balance of term of 5 years and 6 months, expiring on 14 February...