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Key decisions

  • Sampson v R [2025] NSWCCA 25
  • RG v R [2025] NSWCCA 36

Sampson v R [2025] NSWCCA 25

Sentencing – mandatory discounts – resulting sentences cannot be rounded to months or years

In this judgment, the Court of Criminal Appeal (‘CCA’) held that, unfortunate as it may be, the mandatory sentencing discount scheme requires judges to impose post-discount sentences which cannot be rounded to even months. It appears many head sentences, at least, are set to become expressed in years, months and days – notwithstanding that practice having previously been discouraged by the CCA.

The applicant pleaded guilty to intentionally causing grievous bodily harm with another offence on a Form 1. The plea was entered at a ‘super call-over’ in the District Court. The sentence imposed was five years with a non-parole period of three years, with the sentencing judge indicating a 10 per cent discount for the plea of guilty and an unspecified discount for assistance to authorities on the basis of the plea being at the super call-over. The sentencing judge proposed a starting point before discounts of five years and six months, discounted by 10 per cent ‘with some rounding to even years’. The applicant appealed on grounds including the sentencing judge erred in rounding down the discount of 10 per cent in order to make the sentence one of even months.

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