Semple v R [2019] NSWCCA 40

Semple v R [2019] NSWCCA 40

The aggregate sentence of 4 years imprisonment with a non-parole period of 2 years was not manifestly excessive given the objective seriousness, repeat offending while on parole, and the sentencing judge's consideration of rehabilitation and health. No procedural unfairness occurred in awarding a 20% utilitarian plea discount as the applicant was represented and no submission was made for a greater discount.

Parties
Applicant: Robert Lachlan Semple; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
01 March 2019
Procedural Posture
Criminal Sentence Appeal / Appeal From District Court to Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentence Appeal, Supplying Prohibited Drugs, Manifestly Excessive Sentence, Procedural Fairness
Criminal Law Sentence Appeal Supplying Prohibited Drugs Manifestly Excessive Sentence Procedural Fairness

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Parties

Robert Lachlan Semple

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Sentence Appeal / Appeal From District Court to Court of Criminal Appeal

Legal Issues

  1. 1 Whether the aggregate sentence was manifestly excessive
  2. 2 Whether the applicant was denied procedural fairness regarding plea discount
  3. 3 Appropriate discount for plea of guilty

Ratio Decidendi

The aggregate sentence of 4 years imprisonment with a non-parole period of 2 years was not manifestly excessive given the objective seriousness, repeat offending while on parole, and the sentencing judge's consideration of rehabilitation and health. No procedural unfairness occurred in awarding a 20% utilitarian plea discount as the applicant was represented and no submission was made for a greater discount.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.