Regina v Aussem [2000] NSWCCA 220

Regina v Aussem [2000] NSWCCA 220

The sentencing judge erred by applying a single fifty percent discount to the non-parole period rather than making separate discounts from both the head sentence and the non-parole period for future assistance. The appropriate approach was to discount the head sentence and consequentially the non-parole period by twenty-five percent each, having regard to the type and extent of assistance provided.

Parties
Applicant: The Crown; Respondent: Reiner Aussem
Jurisdiction
Australia
Judgment Date
09 June 2000
Procedural Posture
Criminal Appeal / Crown Appeal and Respondent Cross Appeal Against Sentence From District Court
Outcome
Crown appeal upheld; sentence varied
Legal Topics
Drug Offences, Assistance to Authorities, Sentencing Discounts
Criminal Law Drug Offences Assistance to Authorities Sentencing Discounts

Case Brief

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Parties

The Crown

Applicant

Reiner Aussem

Respondent

Procedural Posture

Criminal Appeal / Crown Appeal and Respondent Cross Appeal Against Sentence From District Court

Legal Issues

  1. 1 Whether the sentencing judge erred in the calculation and application of discounts for past and future assistance provided by the respondent to authorities
  2. 2 Appropriate approach to discounts under Commonwealth law for future assistance in sentencing for commercial drug importation

Ratio Decidendi

The sentencing judge erred by applying a single fifty percent discount to the non-parole period rather than making separate discounts from both the head sentence and the non-parole period for future assistance. The appropriate approach was to discount the head sentence and consequentially the non-parole period by twenty-five percent each, having regard to the type and extent of assistance provided.

Court Disposition

Crown appeal upheld; sentence varied

Orders

  • Sentence of Williams DCJ of 15 December 1999 set aside
  • In lieu, head sentence of six years imposed (reduced from eight years)