Parente v R [2017] NSWCCA 284

Parente v R [2017] NSWCCA 284

The sentencing judge erred by applying the Clark principle as a prescriptive constraint on sentencing discretion, which is not supported by statute or binding legal principle; however, notwithstanding such error, upon re-exercise of discretion, no lesser sentence is warranted in law given the seriousness of the offences and having considered all relevant subjective and objective factors.

Jurisdiction
Australia
Judgment Date
29 November 2017
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment on Sentence
Outcome
Leave to appeal against sentence allowed; appeal dismissed
Legal Topics
['sentencing' 'drug Offences' 'judicial Discretion' 'general Deterrence']
['criminal Law'] ['sentencing' 'drug Offences' 'judicial Discretion' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment on Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred by applying the Clark 'principle' and thus impermissibly constrained sentencing discretion in drug supply cases" "Whether the sentencing judge failed to take into account the applicant's loss of the right to practise law as extra-curial punishment" 'Whether the sentence imposed was manifestly excessive or plainly unjust']

Ratio Decidendi

The sentencing judge erred by applying the Clark principle as a prescriptive constraint on sentencing discretion, which is not supported by statute or binding legal principle; however, notwithstanding such error, upon re-exercise of discretion, no lesser sentence is warranted in law given the seriousness of the offences and having considered all relevant subjective and objective factors.

Court Disposition

Leave to appeal against sentence allowed; appeal dismissed

Orders

  • ['Leave to appeal against sentence allowed.' 'Appeal dismissed.']