Munday v R [2017] NSWCCA 95

Munday v R [2017] NSWCCA 95

The sentencing judge appropriately used Radi as an illustration of sentencing principles and correctly applied an instinctive synthesis approach to sentencing, rather than relying slavishly on a single comparable case. No procedural unfairness or error was shown.

Parties
Applicant: Steven John Munday; Respondent: Regina
Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Sentence Appeal / Application for Leave to Appeal and Appeal Decision
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Drug Offences, Procedural Fairness
Criminal Law Sentencing Drug Offences Procedural Fairness

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Parties

Steven John Munday

Applicant

Regina

Respondent

Procedural Posture

Sentence Appeal / Application for Leave to Appeal and Appeal Decision

Legal Issues

  1. 1 Whether reliance upon Radi v R [2013] NSWCCA 278 caused procedural unfairness to the applicant
  2. 2 Whether the sentencing judge erred in relying upon Radi v R [2013] NSWCCA 278 when deciding the appropriate term of imprisonment

Ratio Decidendi

The sentencing judge appropriately used Radi as an illustration of sentencing principles and correctly applied an instinctive synthesis approach to sentencing, rather than relying slavishly on a single comparable case. No procedural unfairness or error was shown.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • The Applicant be granted leave to appeal.
  • The Appeal be dismissed.