Es v R

Case

[2014] NSWCCA 268

28 November 2014


Details
AGLC Case Decision Date
ES v The Queen [2014] NSWCCA 268 [2014] NSWCCA 268 28 November 2014

CaseChat Overview and Summary

In the case of Es v R, the appellant was convicted and sentenced for a criminal offence. The appellant sought to appeal the sentence imposed upon him. The primary issue before the court was whether the 40 per cent discount for assistance and plea was appropriate. Additionally, the court needed to determine whether the appropriate ratio between the head sentence and the non-parole period was applied, and if suitable weight was given to the appellant's custodial conditions and the hardship experienced by his family.

The court considered the timing of the plea and the circumstances surrounding it. The appellant's plea was made late, and earlier offers to plead were conditional. The Crown had a strong case against the appellant, and the court had to evaluate the relevance of the Crown's decision to not proceed with the retrial of co-offenders following the plea. The court also examined the appropriate weight to be given to the appellant's custodial conditions and the hardship experienced by his family in determining the sentence.

In its judgment, the court found that the discount for assistance and plea was appropriate, given the circumstances of the case. The court determined that the ratio between the head sentence and the non-parole period was appropriate, and that suitable weight was given to the appellant's custodial conditions and the hardship experienced by his family. The appeal was dismissed, and the original sentence was upheld.

The court did not make any additional orders beyond those mentioned in the judgment. The final orders were to dismiss the appeal and uphold the original sentence imposed on the appellant.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Sentencing

  • Jurisdiction

  • Causation

  • Compensatory Damages

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Cases Citing This Decision

8

Lee v Tasmania [2020] TASCCA 6
Lachlan Wilson v R [2014] NSWCCA 266
DS v R [2014] NSWCCA 267
Cases Cited

11

Statutory Material Cited

4

DS v R [2014] NSWCCA 267
Lachlan Wilson v R [2014] NSWCCA 266
Zreika v R [2012] NSWCCA 44