R v Jordan [2002] NSWCCA 228

R v Jordan [2002] NSWCCA 228

Despite both sentences being appropriate individually, wholly cumulative sentences in this context produced an excessive overall sentence inconsistent with the totality principle; proper reflection of the applicant's criminality required partial accumulation, resulting in an effective sentence of 5½ years with a non-parole period of 3 years.

Jurisdiction
Australia
Judgment Date
24 June 2002
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Appeal allowed; sentences varied
Legal Topics
['sentence' 'ongoing Supply of Drugs' 'cumulative Sentences' 'totality Principle']
['criminal Law'] ['sentence' 'ongoing Supply of Drugs' 'cumulative Sentences' 'totality Principle']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the cumulative sentences imposed for ongoing supply and supply of cocaine were manifestly excessive' 'Whether the totality of the criminality was appropriately reflected in the effective sentence']

Ratio Decidendi

Despite both sentences being appropriate individually, wholly cumulative sentences in this context produced an excessive overall sentence inconsistent with the totality principle; proper reflection of the applicant's criminality required partial accumulation, resulting in an effective sentence of 5½ years with a non-parole period of 3 years.

Court Disposition

Appeal allowed; sentences varied

Orders

  • ['Leave to appeal granted' 'On the second charge, confirm fixed term of imprisonment for 3 years commencing on 14 March 2000' 'On the first charge, confirm sentence of imprisonment for 3½ years with non-parole period of 12 months, to commence on 14 March 2002' 'Applicant eligible for parole on 14 March 2003']