Roiss v R [2022] NSWCCA 25

Roiss v R [2022] NSWCCA 25

The sentencing judge did not err in failing to reduce the sentence for assistance to police, as the applicant's conduct did not amount to assistance within the meaning of s 23(1). There was no error in not finding special circumstances for non-parole period adjustment, as findings regarding rehabilitation and addiction were open on the evidence. The aggregate sentence was not manifestly excessive given the seriousness and scale of the offending.

Parties
Applicant: Sebastian Roiss; Respondent: Crown
Jurisdiction
Australia
Judgment Date
17 February 2022
Procedural Posture
Criminal Appeal / Leave to Appeal From Sentence in New South Wales District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Appeal Against Sentence, Severity of Sentence, Assistance to Police, Special Circumstances, Drug Offences, Manifest Excess
Criminal Law Sentencing Appeal Against Sentence Severity of Sentence Assistance to Police Special Circumstances Drug Offences Manifest Excess

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sebastian Roiss

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal From Sentence in New South Wales District Court

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to have regard to assistance provided to police under s 23 of the Crimes (Sentencing Procedure) Act 1999 (NSW)
  2. 2 Whether there were special circumstances justifying a reduction of the non-parole period under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 (NSW)
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge did not err in failing to reduce the sentence for assistance to police, as the applicant's conduct did not amount to assistance within the meaning of s 23(1). There was no error in not finding special circumstances for non-parole period adjustment, as findings regarding rehabilitation and addiction were open on the evidence. The aggregate sentence was not manifestly excessive given the seriousness and scale of the offending.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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