Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Roiss v R [2022] NSWCCA 25 Hearing dates: 18 June 2021 Decision date: 17 February 2022 Before: McCallum JA at [1];
Rothman J at [47];
Wright J at [48];Decision: (1) Grant leave to appeal.
(2) Dismiss the appeal.
Catchwords: SENTENCING — Appeal against sentence — Severity — Whether sentence manifestly excessive due to personal hardship — Whether assistance provided to police warranted reduction of sentence — Whether special circumstances to reduce non-parole period due to drug addiction
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 23, 44(2)
Crimes Act 1900 (NSW), s 193B(2)
Drug Misuse and Trafficking Act 1985 (NSW), ss 10, 25
Cases Cited: Category: Principal judgment Parties: Sebastian Roiss (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
S Howell (Applicant)
E Wilkins SC (Respondent)
Legal Aid (Applicant)
Director of Public Prosecutions (Respondent)
File Number(s): 2019/233062 Publication restriction: None Decision under appeal
- Court or tribunal:
- New South Wales District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 26 June 2020
- Before:
- King SC DCJ
- File Number(s):
- 2019/233062
Judgment
-
McCALLUM JA: Sebastian Roiss seeks leave to appeal against the sentence imposed on him in the District Court after he pleaded guilty to 7 charges of supplying a prohibited drug (including one involving a commercial quantity of Lysergide) and one charge of knowingly dealing with proceeds of crime, being $155,255 in cash. Three offences of possession of prohibited drugs were taken into account on a Form 1 on the commercial supply charge. He was sentenced by King SC DCJ to an aggregate sentence of imprisonment for six years with a non-parole period of four years and six months. The sentence was fixed to commence on 26 July 2019 and expires on 25 July 2025, with the non-parole period expiring on 25 January 2024 (since being sentenced in the present matter the applicant has also been sentenced for an offence of possession of child abuse material which takes his first possible release date to 25 July 2025. The only relevance of that sentence is that it will be necessary to consider adjusting its commencement date if the present appeal is successful).
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The sentencing judge specified indicative sentences (allowing a discount of 25% to reflect the utilitarian value of the pleas of guilty) as summarised in the following table provided in the Crown’s written submissions:
Sequence
Offence
Indicative Sentence
1
Supply prohibited drug (1.78g cocaine)
Section 25(1) Drug Misuse and Trafficking Act 1985
Maximum Penalty: 15 years imprisonment and/or 2000 penalty units
No Standard Non-Parole Period
6 months
6
Supply prohibited drug (358.8g cannabis leaf)
Section 25(1) Drug Misuse and Trafficking Act 1985
Maximum Penalty: 10 years imprisonment and/or 2000 penalty units
No Standard Non-Parole Period
1 year
7
Supply prohibited drug (40.41g cocaine)
Section 25(1) Drug Misuse and Trafficking Act 1985
Maximum Penalty: 15 years…
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- AGLC
- Roiss v The The Queen [2022] NSWCCA 25
- Case
- [2022] NSWCCA 25
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence was manifestly excessive, whether the defendant's personal hardship justified a reduced sentence, and whether the assistance provided to the police constituted special circumstances warranting a reduction in the non-parole period. The court was required to balance the defendant's personal circumstances and his assistance to the police against the gravity of the offence and the need for deterrence. The court needed to determine whether the sentence imposed was appropriate in all the circumstances.
The court found that the sentence was not manifestly excessive, noting the gravity of the defendant's offences and the need for general deterrence. The court held that the personal hardship and drug addiction did not justify a reduced sentence as they did not amount to special circumstances. The assistance provided to the police was considered, but the court found that it did not warrant a significant reduction in the non-parole period. The appeal was dismissed, and the original sentence was upheld. The court emphasised the importance of maintaining public confidence in the criminal justice system and the need for appropriate penalties for serious drug offences.
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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