R v Hendricks [2001] NSWCCA 396
There was no error in the sentencing judge's exercise of discretion in imposing a sentence at the top of the guideline range, nor in the quantum of discount applied for the early plea. The sentence was not manifestly excessive and relevant sentencing principles were properly applied.
- Parties
- Respondent: Regina; Applicant: Aliem Hendricks
- Jurisdiction
- Australia
- Judgment Date
- 28 September 2001
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Leave to appeal granted. Appeal dismissed.
- Legal Topics
- Appeals, Sentence, Importation of Trafficable Quantity of Cocaine, Courier Sentencing, Discount for Plea of Guilty
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Aliem Hendricks
Applicant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed for importing a trafficable quantity of cocaine was manifestly excessive
- 2 Whether the discount for plea of guilty was inadequate
- 3 Whether there was error of law in exercise of sentencing discretion
Ratio Decidendi
There was no error in the sentencing judge's exercise of discretion in imposing a sentence at the top of the guideline range, nor in the quantum of discount applied for the early plea. The sentence was not manifestly excessive and relevant sentencing principles were properly applied.
Court Disposition
Leave to appeal granted. Appeal dismissed.
Orders
- Leave to appeal granted
- Appeal dismissed
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