Blanch v R [2019] NSWCCA 304

Blanch v R [2019] NSWCCA 304

The sentencing judge failed to properly consider the paramount requirement of community safety under s 66 and failed to give reasons for refusing an ICO in circumstances where that sentencing option was a critical issue; also erred by finding offending occurred in breach of conditional liberty, warranting re-sentencing. Given the applicant's demonstrated rehabilitation, an ICO is more likely to address risk of re-offending.

Parties
Applicant: Yvette Ann Blanch; Respondent: Crown
Jurisdiction
Australia
Judgment Date
19 December 2019
Procedural Posture
Criminal Appeal / Appeal From Sentence Imposed by District Court; Re Sentencing
Outcome
Appeal allowed; sentence quashed; ICO imposed
Legal Topics
Sentencing, Intensive Correction Orders, Appeals, Drug Offences
Criminal Law Sentencing Intensive Correction Orders Appeals Drug Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 18 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Yvette Ann Blanch

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal From Sentence Imposed by District Court; Re Sentencing

Legal Issues

  1. 1 Whether the sentencing judge failed to give paramount consideration to community safety under s 66(1) Crimes (Sentencing Procedure) Act 1999 (NSW)
  2. 2 Whether the sentencing judge failed to provide reasons for refusing to make an Intensive Correction Order
  3. 3 Whether the sentencing judge mistook the facts relevant to sentencing by finding offending was in breach of conditional liberty

Ratio Decidendi

The sentencing judge failed to properly consider the paramount requirement of community safety under s 66 and failed to give reasons for refusing an ICO in circumstances where that sentencing option was a critical issue; also erred by finding offending occurred in breach of conditional liberty, warranting re-sentencing. Given the applicant's demonstrated rehabilitation, an ICO is more likely to address risk of re-offending.

Court Disposition

Appeal allowed; sentence quashed; ICO imposed

Orders

  • Grant leave to appeal
  • Appeal allowed