CRIME — Appeals — Appeal against sentence — Sentencing for federal offences — Denial of procedural fairness — Utilitarian value of guilty plea — 20% discount open to the sentencing judge
CRIME — Appeals — Appeal against sentence — Sentencing for federal offences — Remorse
CRIME — Appeals — Appeal against sentence — Sentencing for federal offences — Manifest excess
Quick Take
1A sentencing judge dealing with Commonwealth offences is not bound by s 25D of the Crimes (Sentencing Procedure) Act 1999 (NSW) and retains discretion as to the extent of discount for the utilitarian value of a guilty plea under s 16A(2)(g) of the Crimes Act 1914 (Cth); a 20% discount rather than 25% was open where the offender's belated renegotiation of agreed facts caused delay and disruption to the sentencing process, even though the renegotiation resulted in corrections in the offender's favour.
2Where a sentencing judge indicates during oral submissions the discount range under consideration, procedural fairness is sufficiently accorded by giving defence counsel the opportunity to argue for a higher discount; the judge is not constrained by the Crown's failure to make specific submissions seeking a reduced discount.
3A sentencing judge's rejection of an offender's attribution of dishonesty solely to a closed period of drug misuse, in favour of a finding of deep-seated dishonest propensity evidenced by the broader criminal history, is a finding reasonably open on the evidence and does not constitute error in assessing remorse and insight.
