R v Bassi

The appellant, in this case, appealed against his sentence following a guilty plea to various charges under the Drugs Misuse Act 1986. The appeal centred on the sentencing judge's failure to consider the pleas of guilty appropriately, the inadmissibility of a psychologist's report, and the appropriateness of the release date set for parole. The appeal was heard by the court, which examined whether the judge had acted on the wrong principle by not adequately considering the plea of guilty and the relevance of the psychologist's report in determining the sentence.

The court was required to decide if the sentencing judge had acted on the wrong principle by not explaining how the pleas of guilty were taken into account. Additionally, the court had to determine the admissibility of the psychologist's report, which was relevant and admissible, but had been refused by the judge. The court also needed to assess whether the opinions expressed in the report constituted admissible opinion evidence, and if the other material in the report was relevant. Finally, the court had to decide on the appropriateness of the parole release date.

The court found that the sentencing judge had indeed acted on the wrong principle by not adequately considering the plea of guilty, which demonstrated true remorse and showed the appellant had undertaken rehabilitation. The court held that the psychologist's report was relevant and admissible, and its exclusion was an error. The court concluded that the report explained the conditions leading to the appellant's offending and justified an earlier than usual date for his parole release. Consequently, the appeal was successful, and the appellant's sentence was altered to include an earlier parole release date.

The court allowed the appeal and set aside the parole release date, ordering that the appellant be released on parole on 12 October 2021. The appellant was also directed to report to the Probation and Parole Office at Burleigh Heads to obtain a copy of the Court ordered parole order.