Mack v R; Mack v R [2009] NSWCCA 216

Mack v R; Mack v R [2009] NSWCCA 216

The aggregate sentences originally imposed failed to properly apply the totality principle by over-accumulating sentences for closely related drug offences, and in the case of Annette Mack, the sentencing judge erred in assessing the objective seriousness and relevance of personal circumstances. The appeal was allowed, sentences adjusted to properly reflect overall criminality and individual culpability.

Parties
Appellant: Wayne Raymond Mack; Appellant: Annette Faye Mack; Respondent: Crown
Jurisdiction
Australia
Judgment Date
24 September 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentences varied as specified.
Legal Topics
Sentencing, Appeal Against Severity, Standard Non Parole Period, Objective Seriousness, Totality Principle
Criminal Law Sentencing Appeal Against Severity Standard Non Parole Period Objective Seriousness Totality Principle

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Parties

Wayne Raymond Mack

Appellant

Annette Faye Mack

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Whether the sentencing judge correctly applied the standard non-parole period provisions
  3. 3 Whether the commencement dates and accumulation of sentences was in error (totality principle)

Ratio Decidendi

The aggregate sentences originally imposed failed to properly apply the totality principle by over-accumulating sentences for closely related drug offences, and in the case of Annette Mack, the sentencing judge erred in assessing the objective seriousness and relevance of personal circumstances. The appeal was allowed, sentences adjusted to properly reflect overall criminality and individual culpability.

Court Disposition

Appeal allowed; sentences varied as specified.

Orders

  • Wayne Mack: Leave to appeal granted; appeal upheld; sentence for count 1 confirmed; count 2 sentence confirmed as to term and non-parole period but ordered to commence 26 March 2007 (non-parole expires 25 March 2009); count 3 sentence confirmed as to term and non-parole but to commence 25 September 2008 (eligible...
  • Annette Mack: Leave to appeal granted; appeal upheld; count 2 sentence quashed, new sentence imposed of imprisonment (non-parole period 9 months, balance 3 months) commencing 18 November 2008 (non-parole expires 17 August 2009); count 1 sentence confirmed as to term and non-parole but to commence 18 May 2009...