Grills v R

[2016] NSWCCA 46

NSW Court of Criminal Appeal31 March 2016

Ratio Decidendi

The application of the principle of totality is an exercise of discretion, intuitive or instinctive synthesis, and cannot be conducted arithmetically.

Quick Take

Where an offender is convicted of both drug supply and possession of prohibited firearms used in connection with the drug business, the firearm offence ordinarily cannot be comprehended by the drug supply sentence and requires a significant measure of accumulation, particularly where there are multiple weapons offences on a Form 1. The totality principle does not require near-total concurrency merely because the firearms were connected to the drug supply activity.

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Linked Principles

Legal principles extracted from this case

01The application of the principle of totality is an exercise of discretion, intuitive or instinctive synthesis, and cannot be conducted arithmetically.
02
03
04

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Case Details

Citation[2016] NSWCCA 46

CourtNSWCCA

JurisdictionNsw

Decision Date31 March 2016

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Judgment

Authorities Cited7›

Cases considered by Grills v R

Referred to (7)

Grills v R [2016] NSWCCA 46 [2012] NSWCCA 133 Ayshow v R [2011] NSWCCA 240 [2011] NSWCCA 43 REGINA v XX [2009] NSWCCA 115

Subsequent Judicial Consideration3›

Cases that have considered Grills v R

Referred to (3)

Watkins v R [2018] NSWCCA 24 Laycock v R [2017] NSWCCA 47 Grills v R [2016] NSWCCA 46

Judicial Consideration (Chronological)

Watkins v R [2018] NSWCCA 24Referred to

Laycock v R [2017] NSWCCA 47Referred to

Grills v R [2016] NSWCCA 46Referred to

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it.

Grills v R at [30]

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

Grills v R at [37]