Regina v Bruppacher [2002] NSWCCA 182

Regina v Bruppacher [2002] NSWCCA 182

The sentencing judge took into account the relevant subjective matters, properly assessed the objective facts, and was entitled to consider the evidence showing drug dealing to a considerable extent, including telephone surveillance. No sentencing error was demonstrated; the sentence was not manifestly excessive and was described as lenient.

Jurisdiction
Australia
Judgment Date
10 May 2002
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Application Concerning Sentence Imposed in the District Court at Penrith
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['drug Misuse and Trafficking Act 1985 S 25 A' 'supplying Heroin on an Ongoing Basis' 'manifest Excess' 'use of Drug Dealing Evidence in Sentencing']
['criminal Law' 'sentencing' 'drug Offences'] ['drug Misuse and Trafficking Act 1985 S 25 A' 'supplying Heroin on an Ongoing Basis' 'manifest Excess' 'use of Drug Dealing Evidence in Sentencing']

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Application Concerning Sentence Imposed in the District Court at Penrith

Legal Issues

  1. 1 ['Whether the sentence imposed for supplying heroin on an ongoing basis contrary to s 25A of the Drug Misuse and Trafficking Act 1985 was manifestly excessive.' "How the seriousness of a s 25A offence and evidence of the scale of the applicant's drug dealing should be taken into account on sentence."]

Ratio Decidendi

The sentencing judge took into account the relevant subjective matters, properly assessed the objective facts, and was entitled to consider the evidence showing drug dealing to a considerable extent, including telephone surveillance. No sentencing error was demonstrated; the sentence was not manifestly excessive and was described as lenient.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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