Beveridge v R [2011] NSWCCA 249

Beveridge v R [2011] NSWCCA 249

Given the legislative guideposts of the maximum sentence and the standard non-parole period, and applying relevant High Court authority, the sentence imposed was not unreasonable or plainly unjust; while leave to appeal is granted, the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
25 November 2011
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal against sentence dismissed
Legal Topics
['sentencing' 'objective Seriousness' 'standard Non Parole Period' 'cultivation of Cannabis']
['criminal Law'] ['sentencing' 'objective Seriousness' 'standard Non Parole Period' 'cultivation of Cannabis']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge failed to properly identify the objective seriousness of the offence' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

Given the legislative guideposts of the maximum sentence and the standard non-parole period, and applying relevant High Court authority, the sentence imposed was not unreasonable or plainly unjust; while leave to appeal is granted, the appeal is dismissed.

Court Disposition

Leave to appeal granted; appeal against sentence dismissed

Orders

  • ['Leave to appeal granted' 'Appeal against sentence dismissed']