Ayshow v R [2011] NSWCCA 240

Ayshow v R [2011] NSWCCA 240

The sentencing judge’s assessment of objective seriousness for the drug supply and firearm offences, determination of accumulation and concurrency, and overall sentence, were within the proper exercise of discretion; evidence did not support reduction of moral culpability based on mental illness; total effective sentence was not manifestly excessive.

Parties
Applicant: Adeson Johnson Ayshow; Respondent: Regina
Jurisdiction
Australia
Judgment Date
11 November 2011
Procedural Posture
Criminal Appeal / Leave to Appeal Granted; Appeal Against Sentence
Outcome
Leave to appeal granted; appeal against sentence dismissed.
Legal Topics
Sentencing, Drug Offences, Firearms Offences, Proceeds of Crime, Accumulation and Totality, Objective Seriousness
Criminal Law Sentencing Drug Offences Firearms Offences Proceeds of Crime Accumulation and Totality Objective Seriousness

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Parties

Adeson Johnson Ayshow

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Granted; Appeal Against Sentence

Legal Issues

  1. 1 Whether error in assessment of objective seriousness of ecstasy commercial supply offence
  2. 2 Whether error in approach to accumulation and totality
  3. 3 Whether total effective sentence manifestly excessive

Ratio Decidendi

The sentencing judge’s assessment of objective seriousness for the drug supply and firearm offences, determination of accumulation and concurrency, and overall sentence, were within the proper exercise of discretion; evidence did not support reduction of moral culpability based on mental illness; total effective sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal against sentence dismissed.

Orders

  • Leave to appeal granted
  • Appeal against sentence dismissed