Hadler v R [2020] NSWCCA 305

Hadler v R [2020] NSWCCA 305

Although the sentencing judge made an error in applying the sentencing discount to the aggregate sentence instead of the indicative sentences, a less severe sentence is not warranted in law, so the appeal is dismissed.

Source-derived case information.

Parties
Applicant: Wayne Hadler; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
25 November 2020
Procedural Posture
Sentence Appeal / Leave to Appeal Against Sentence; Appellate Judgment
Outcome
Leave to appeal against sentence is granted; appeal dismissed.
Legal Topics
Appeal Against Sentence, Drug Supply, Sentencing Discount, Aggregate Sentencing, Re Sentencing
Criminal Law Appeal Against Sentence Drug Supply Sentencing Discount Aggregate Sentencing Re Sentencing

Source-derived case record

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Parties

Wayne Hadler

Applicant

Regina (Crown)

Respondent

Procedural Posture

Sentence Appeal / Leave to Appeal Against Sentence; Appellate Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred in applying the sentencing discount for the plea of guilty to the aggregate sentence rather than to the indicative sentences
  2. 2 Whether a less severe sentence is warranted in law despite error

Ratio Decidendi

Although the sentencing judge made an error in applying the sentencing discount to the aggregate sentence instead of the indicative sentences, a less severe sentence is not warranted in law, so the appeal is dismissed.

Court Disposition

Leave to appeal against sentence is granted; appeal dismissed.

Orders

  • Leave to appeal against sentence is granted.
  • The appeal is dismissed.