Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Pauls v R [2024] NSWCCA 123 Hearing dates: 8 July 2024 Date of orders: 15 July 2024 Decision date: 15 July 2024 Before: Mitchelmore JA at [1];
Kirk JA at [60];
Davies J at [61]Decision: (1) Grant the applicant an extension of time to file an application for leave to appeal to 24 May 2024.
(2) Grant leave to appeal.
(3) Dismiss the appeal.
Catchwords: CRIME — appeals — appeals against sentence — whether sentencing judge failed to make findings regarding mitigating factors under s 21A(3) of the Crimes (Sentencing Procedure) Act 1999 (NSW) —— whether reasons inadequate — error resulting in re-sentence — no lesser sentence warranted
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 32, 21A(3)
Crimes Act 1900 (NSW), s 93T(1A)
Criminal Appeal Act 1912 (NSW), s 5(1)(c)
Criminal Procedure Act 1986 (NSW), s 166
Drug Misuse and Trafficking Act 1985 (NSW), ss 25(1), 25(2)
Cases Cited: Douglass v The Queen [2012] HCA 34; 86 ALJR 1086
Kahler v R (Cth) [2021] NSWCCA 40
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Lee, Matthew v R [2016] NSWCCA 146
R v Sami Dario (District Court (NSW), 23 April 2024, unrep)
Category: Principal judgment Parties: Sabri Pauls (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
A Chhabra (Applicant)
V Garrity (Respondent)
Bannisters Lawyers (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2021/54765 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Citation:
N/A
- Date of Decision:
- 13 September 2022
- Before:
- Craigie SC DCJ
- File Number(s):
- 2021/54765
HEADNOTE
[This headnote is not to be read as part of the judgment]
On 13 September 2022, the applicant was sentenced to an aggregate sentence of imprisonment for 7 years, with a non-parole period of 4 years, after pleading guilty to two charges of supply prohibited drug not less than a large commercial quantity contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW), one charge of supply prohibited drug not less than a commercial quantity contrary to s 25(1) of the Drug Misuse and Trafficking Act and one charge of knowingly participate in a criminal group contrary to s 93T(1A) of the Crimes Act 1900 (NSW). Three further offences were taken into account on a Form 1.
The charges arose as a result of a police investigation during which investigators discovered two plastic drums on the property adjacent to the applicant’s property containing 7.652 kilograms of Gamma-Butyrolactone (GBL) and 0.032 grams of GBL, which they substituted with an inert substance. They subsequently observed the applicant approach the drums and, after realising the drugs had been replaced with another substance, inspect the drums. The investigators executed a search warrant on the applicant’s premises and…
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- AGLC
- Pauls v The King [2024] NSWCCA 123
- Case
- [2024] NSWCCA 123
- Decision Date
CaseChat Overview and Summary
The court examined whether the sentencing judge's failure to make explicit findings about mitigating factors constituted a material error that required re-sentencing. The court considered the adequacy of the reasons provided by the sentencing judge and whether this omission had any effect on the final sentence. Additionally, the court needed to determine if the error was significant enough to warrant a re-sentencing or if the sentence imposed was appropriate despite the procedural error.
The Court of Criminal Appeal held that while the sentencing judge did not explicitly address certain mitigating factors, this omission did not constitute a material error that would require re-sentencing. The court found that the reasons provided were sufficient to understand the basis of the sentence, and that the error did not impact the overall appropriateness of the sentence. Consequently, the appeal against the sentence was dismissed, and no re-sentencing was ordered.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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