R v Nimmo [2005] NSWCCA 295

R v Nimmo [2005] NSWCCA 295

Leave to appeal was granted, but the appeal was dismissed because the applicant did not establish sentencing error. The first ground was unarguable because no starting point was identified by the sentencing judge. The circumstances relied on did not require a finding of special circumstances or a different non-parole period, and the sentence for an offence in the middle range of seriousness was within the sentencing judge's discretion and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
29 August 2005
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal And, If Granted, Appeal Against Sentence From the District Court
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['supply Prohibited Drug on an Ongoing Basis' 'special Circumstances' 'non Parole Period' 'manifest Excess' 'guilty Plea Discount']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drug on an Ongoing Basis' 'special Circumstances' 'non Parole Period' 'manifest Excess' 'guilty Plea Discount']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal And, If Granted, Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ['Whether the starting point used by the sentencing judge was too high having regard to the objective seriousness of the offence.' 'Whether the sentencing judge gave insufficient weight to factors said to establish special circumstances justifying a longer than usual period of parole.' 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

Leave to appeal was granted, but the appeal was dismissed because the applicant did not establish sentencing error. The first ground was unarguable because no starting point was identified by the sentencing judge. The circumstances relied on did not require a finding of special circumstances or a different non-parole period, and the sentence for an offence in the middle range of seriousness was within the sentencing judge's discretion and not manifestly excessive.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']