Briouzguine v R [2014] NSWCCA 264

Briouzguine v R [2014] NSWCCA 264

The aggregate sentence was not manifestly excessive because the sentencing judge considered the applicant's mitigating subjective circumstances but was entitled to give weight to the seriousness of repeated drug supply offending over four months, the significant quantities involved, the maximum penalties and standard non-parole periods, the 10 Form 1 matters, and the continuing relevance of deterrence. The applicant showed no error warranting intervention, and the sentence was described as lenient rather than unreasonable or plainly unjust.

Jurisdiction
Australia
Judgment Date
14 November 2014
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal to the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manifest Excess' 'aggregate Sentence' 'objective Seriousness' 'subjective Circumstances' 'form 1 Offences' 'drug Supply']
['criminal Law' 'sentencing' 'drug Offences'] ['manifest Excess' 'aggregate Sentence' 'objective Seriousness' 'subjective Circumstances' 'form 1 Offences' 'drug Supply']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal to the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the aggregate sentence imposed for the applicant's drug supply offences was manifestly excessive." "Whether the sentencing judge imposed a sentence discordant with findings about the objective seriousness of the offending and the applicant's subjective circumstances."]

Ratio Decidendi

The aggregate sentence was not manifestly excessive because the sentencing judge considered the applicant's mitigating subjective circumstances but was entitled to give weight to the seriousness of repeated drug supply offending over four months, the significant quantities involved, the maximum penalties and standard non-parole periods, the 10 Form 1 matters, and the continuing relevance of deterrence. The applicant showed no error warranting intervention, and the sentence was described as lenient rather than unreasonable or plainly unjust.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.']