S v R [2008] NSWCCA 186

S v R [2008] NSWCCA 186

The sentence imposed was not manifestly excessive and did not reflect an erroneous application of discounts; the discounts for plea, assistance, and Ellis factor were appropriately applied, sequentially, and did not result in an unreasonably disproportionate sentence; leave to appeal is granted, but appeal dismissed.

Parties
Applicant: S; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 August 2008
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Sentencing, Drug Offences, Discount for Assistance, Calculation of Sentencing Discount, Crown Appeal
Criminal Law Sentencing Drug Offences Discount for Assistance Calculation of Sentencing Discount Crown Appeal

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Parties

S

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Appropriate manner of calculating sentencing discounts for plea, assistance, and Ellis factor
  3. 3 Significance and quantification of utilitarian discounts in sentencing

Ratio Decidendi

The sentence imposed was not manifestly excessive and did not reflect an erroneous application of discounts; the discounts for plea, assistance, and Ellis factor were appropriately applied, sequentially, and did not result in an unreasonably disproportionate sentence; leave to appeal is granted, but appeal dismissed.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.