Regina v Hanna [2000] NSWCCA 102

Regina v Hanna [2000] NSWCCA 102

Leave to appeal was refused because the matters relied on by the applicant did not constitute material on which special circumstances might be found; and, even assuming error, the objective seriousness of the offences, including the quantity of cannabis plants and cannabis leaf, meant that no lesser or different sentence was warranted and the Court should not intervene.

Jurisdiction
Australia
Judgment Date
20 March 2000
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment on Leave Application
Outcome
Leave to appeal against sentence refused.
Legal Topics
['special Circumstances Under S 5(2) of the Sentencing Act (1989)' 'cannabis Cultivation and Supply Offences' 'leave to Appeal Against Sentence' 'application of S 6(3) of the Criminal Appeal Act (1912)']
['criminal Law' 'sentencing' 'criminal Appeals'] ['special Circumstances Under S 5(2) of the Sentencing Act (1989)' 'cannabis Cultivation and Supply Offences' 'leave to Appeal Against Sentence' 'application of S 6(3) of the Criminal Appeal Act (1912)']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment on Leave Application

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to refer to or consider special circumstances under s 5(2) of the Sentencing Act (1989).' "Whether the applicant's plea of guilty, lack of prior offending, character evidence, ipso facto marriage and birth of a child, and assistance to authorities could amount to special circumstances." 'Whether, assuming sentencing error, the Court should intervene and re-sentence under s 6(3) of the Criminal Appeal Act.']

Ratio Decidendi

Leave to appeal was refused because the matters relied on by the applicant did not constitute material on which special circumstances might be found; and, even assuming error, the objective seriousness of the offences, including the quantity of cannabis plants and cannabis leaf, meant that no lesser or different sentence was warranted and the Court should not intervene.

Court Disposition

Leave to appeal against sentence refused.

Orders

  • ['Leave to appeal the sentence should be refused.']