Regina v Blakeman [1999] NSWCCA 415

Regina v Blakeman [1999] NSWCCA 415

No material sentencing error was demonstrated. The slight overstatement of tablet numbers was immaterial, the misapprehension about Behar did not affect the sentence, delay was expressly and properly considered, the sentence was within the appropriate range when objective and subjective matters were considered, and parity with Anderson did not require a lesser sentence because differences in age and circumstances explained the identical sentences.

Jurisdiction
Australia
Judgment Date
09 September 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence; Appeal Against Conviction Abandoned
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['conspiracy to Import Narcotic Goods' 'manifest Excess' 'delay in Sentencing' 'parity With Co Offender' 'sentencing Comparisons' 'factual Error in Sentencing Remarks']
['criminal Law' 'sentencing' 'customs and Narcotic Goods Importation'] ['conspiracy to Import Narcotic Goods' 'manifest Excess' 'delay in Sentencing' 'parity With Co Offender' 'sentencing Comparisons' 'factual Error in Sentencing Remarks']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence; Appeal Against Conviction Abandoned

Legal Issues

  1. 1 ['Whether asserted factual errors in the sentencing remarks affected the sentence imposed.' 'Whether the sentencing judge gave insufficient weight to delay between the offence and trial/sentence.' 'Whether comparison with sentences in other drug importation cases demonstrated manifest excess.' 'Whether parity with the co-offender Anderson required a different sentence.']

Ratio Decidendi

No material sentencing error was demonstrated. The slight overstatement of tablet numbers was immaterial, the misapprehension about Behar did not affect the sentence, delay was expressly and properly considered, the sentence was within the appropriate range when objective and subjective matters were considered, and parity with Anderson did not require a lesser sentence because differences in age and circumstances explained the identical sentences.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']