Dries v R [2014] NSWCCA 228

Dries v R [2014] NSWCCA 228

The sentencing judge committed no error by sentencing on the basis of the agreed facts that were in evidence. Although the agreed facts incorrectly stated the purity of the smaller bag of ecstasy, the error affected only a minority of the drugs in one offence, was not expressly linked by the judge to the assessment of criminality, and was not shown to have had any substantial effect on the assessment of objective seriousness, the relevant indicative sentence, or the aggregate sentence. The applicant also failed to show that a less severe sentence was warranted.

Jurisdiction
Australia
Judgment Date
23 October 2014
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['drug Supply Offences' 'aggregate Sentence' 'indicative Sentence' 'agreed Facts' 'drug Purity' 'miscarriage in Sentencing Proceedings' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing'] ['drug Supply Offences' 'aggregate Sentence' 'indicative Sentence' 'agreed Facts' 'drug Purity' 'miscarriage in Sentencing Proceedings' 'leave to Appeal Against Sentence']

Case Brief

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether an error in the agreed facts recording the purity of a smaller bag of ecstasy caused the sentencing proceedings to miscarry.' 'Whether the sentencing judge erred by relying on the agreed facts tendered before him.' 'Whether the purity error had any real or substantial effect on the indicative sentence for Sequence 8 or the aggregate sentence imposed.' 'Whether a less severe sentence was warranted under s 6(3) of the Criminal Appeal Act 1912.']

Ratio Decidendi

The sentencing judge committed no error by sentencing on the basis of the agreed facts that were in evidence. Although the agreed facts incorrectly stated the purity of the smaller bag of ecstasy, the error affected only a minority of the drugs in one offence, was not expressly linked by the judge to the assessment of criminality, and was not shown to have had any substantial effect on the assessment of objective seriousness, the relevant indicative sentence, or the aggregate sentence. The applicant also failed to show that a less severe sentence was warranted.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal' 'Appeal dismissed']