Connell v R [2020] NSWCCA 352

Connell v R [2020] NSWCCA 352

The sentencing reasons left it uncertain whether the 25% discount for the early guilty plea had been applied to the indicative sentences or to the aggregate sentence. That ambiguity meant the sentencing judge failed sufficiently to expose the reasons for sentence, so the sentencing discretion miscarried. The Court therefore allowed the appeal, quashed the sentence and re-sentenced the applicant after considering objective seriousness, subjective matters and parity with the co-offender.

Jurisdiction
Australia
Judgment Date
21 December 2020
Procedural Posture
Criminal Sentence Appeal / Appeal Against Sentence Imposed by the District Court of Nsw; Re Sentence
Outcome
Appeal allowed; sentence quashed; applicant re-sentenced to imprisonment for 8 years with a non-parole period of 5 years and 2 months.
Legal Topics
['supply Large Commercial Quantity of Mda' 'possession of Firearms' 'aggregate Sentence' 'early Guilty Plea Discount' 'indicative Sentences' 'parity With Co Offender']
['criminal Law' 'sentencing'] ['supply Large Commercial Quantity of Mda' 'possession of Firearms' 'aggregate Sentence' 'early Guilty Plea Discount' 'indicative Sentences' 'parity With Co Offender']

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Procedural Posture

Criminal Sentence Appeal / Appeal Against Sentence Imposed by the District Court of Nsw; Re Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge applied the 25% discount for the applicant's guilty plea to the aggregate sentence rather than to each indicative sentence." 'Whether ambiguity in the sentencing reasons about the application of the guilty plea discount amounted to error requiring re-sentence.' 'Whether the applicant had a justifiable sense of grievance when compared with the sentence imposed on the co-offender.']

Ratio Decidendi

The sentencing reasons left it uncertain whether the 25% discount for the early guilty plea had been applied to the indicative sentences or to the aggregate sentence. That ambiguity meant the sentencing judge failed sufficiently to expose the reasons for sentence, so the sentencing discretion miscarried. The Court therefore allowed the appeal, quashed the sentence and re-sentenced the applicant after considering objective seriousness, subjective matters and parity with the co-offender.

Court Disposition

Appeal allowed; sentence quashed; applicant re-sentenced to imprisonment for 8 years with a non-parole period of 5 years and 2 months.

Orders

  • ['Appeal allowed.' 'The sentence imposed on the applicant by Priestley SC DCJ on 16 December 2019 is quashed.' 'In lieu thereof, the applicant is sentenced to imprisonment for 8 years, commencing 16 February 2019 and expiring 15 February 2027 with a non-parole period of 5 years and 2 months expiring 15 April 2024.']