Lander v R [2014] NSWCCA 198

Lander v R [2014] NSWCCA 198

The sentencing judge, though not explicit, took into account the early guilty plea and allowed a 25% discount; the finding that the applicant acted as a conduit was supported by evidence and was open on the facts; the sentences imposed were not manifestly excessive or unjust.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 October 2014
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal, Leave to Appeal Granted
Outcome
Appeal dismissed. Leave to appeal granted. Bail revoked. Applicant to serve sentence as imposed; parole to commence 31 December 2014 with supervision.
Legal Topics
['sentence Appeal' 'drug Offences' 'supply Mdma' 'supply Cannabis' 'manifestly Excessive Sentence' 'discount for Guilty Plea']
['criminal Law'] ['sentence Appeal' 'drug Offences' 'supply Mdma' 'supply Cannabis' 'manifestly Excessive Sentence' 'discount for Guilty Plea']

Source-derived case record

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Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal, Leave to Appeal Granted

Legal Issues

  1. 1 ['Whether sentencing judge erred in failing to discount for early guilty plea' 'Whether finding that applicant was a conduit between the main supplier and the community was open on the evidence' 'Whether sentences imposed were manifestly excessive']

Ratio Decidendi

The sentencing judge, though not explicit, took into account the early guilty plea and allowed a 25% discount; the finding that the applicant acted as a conduit was supported by evidence and was open on the facts; the sentences imposed were not manifestly excessive or unjust.

Court Disposition

Appeal dismissed. Leave to appeal granted. Bail revoked. Applicant to serve sentence as imposed; parole to commence 31 December 2014 with supervision.

Orders

  • ['Grant leave to appeal.' 'The appeal is dismissed.' 'The grant of bail is hereby revoked and the applicant is to be returned to custody forthwith to complete the sentence imposed by Freeman ADCJ.' 'The applicant is to be released to parole on 31 December 2014 and as a condition of his parole, he is to be subject to...