Thach v R [2018] NSWCCA 252

Thach v R [2018] NSWCCA 252

The sentencing judge did not err in declining to find special circumstances. While some factors before the court could constitute special circumstances, the judge was not obliged to vary the statutory proportion, particularly where the judge considered the objective seriousness of the offences, subjective circumstances, imperatives of deterrence, and the applicant’s prospects of rehabilitation. The court found no error or manifest excess in the sentence or non-parole period imposed, and no basis for appellate intervention.

Jurisdiction
Australia
Judgment Date
09 November 2018
Procedural Posture
Appeal Against Sentence / Leave to Appeal and Substantive Appeal Determined
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'special Circumstances' 'non Parole Period' 'drug Offences' 'firearms Offences']
['criminal Law'] ['sentencing' 'special Circumstances' 'non Parole Period' 'drug Offences' 'firearms Offences']

Case Brief

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Procedural Posture

Appeal Against Sentence / Leave to Appeal and Substantive Appeal Determined

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to find special circumstances warranting a variation of the statutory ratio for the non-parole period' 'Whether the sentencing judge wrongly focused on the need for an extended supervision period' 'Whether the sentencing judge assumed treatment availability in custody' "Whether special circumstances should have been found given applicant's background and rehabilitation prospects"]

Ratio Decidendi

The sentencing judge did not err in declining to find special circumstances. While some factors before the court could constitute special circumstances, the judge was not obliged to vary the statutory proportion, particularly where the judge considered the objective seriousness of the offences, subjective circumstances, imperatives of deterrence, and the applicant’s prospects of rehabilitation. The court found no error or manifest excess in the sentence or non-parole period imposed, and no basis for appellate intervention.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']