R v Hendricks [2001] NSWCCA 396

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

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Parties

Regina

Respondent

Aliem Hendricks

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the sentence imposed for importing a trafficable quantity of cocaine was manifestly excessive
  2. 2 Whether the discount for plea of guilty was inadequate
  3. 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