Chamoun v R [2019] NSWCCA 169
The sentencing judge made findings on the evidence that were reasonably open, including the applicant's role in the offence and the causation of delay in pleading guilty, and the 10 per cent utilitarian discount was within discretion; accordingly, the grounds of appeal were not made out.
- Parties
- Applicant: Sam Chamoun; Respondent: Crown
- Jurisdiction
- Australia
- Judgment Date
- 26 July 2019
- Procedural Posture
- Sentence Appeal / Leave to Appeal and Determination
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- Sentence Appeal, Supplying Commercial Quantity of Prohibited Drug, Delay in Entering Guilty Plea, Utilitarian Discount for Guilty Plea
Case Brief
Summary, issues, holding and outcome
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Parties
Sam Chamoun
Applicant
Crown
Respondent
Procedural Posture
Sentence Appeal / Leave to Appeal and Determination
Legal Issues
- 1 Whether sentencing judge erred in assessing the role of the applicant in the offence
- 2 Whether sentencing judge erred in not concluding that delay in entering guilty plea was caused by factors outside of legal representative's control
- 3 Whether sentencing judge erred in only reducing the sentence by 10 per cent for guilty plea
Ratio Decidendi
The sentencing judge made findings on the evidence that were reasonably open, including the applicant's role in the offence and the causation of delay in pleading guilty, and the 10 per cent utilitarian discount was within discretion; accordingly, the grounds of appeal were not made out.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- Grant leave to appeal.
- Dismiss the appeal.
Full Case Text
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