Lindsay v R [2012] NSWCCA 124

Lindsay v R [2012] NSWCCA 124

No sentencing error was demonstrated. The sentencing judge considered the applicant's evidence and the affidavits from his sister and mother, was not bound to find that threats were the true or pressing motivation for the offence, and did not fail to take into account any necessary factual consideration. The sentence was not shown to be manifestly excessive.

Jurisdiction
Australia
Judgment Date
14 June 2012
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted only on the issues raised in the supplementary written submissions dated 23 May 2012; otherwise leave refused; appeal dismissed.
Legal Topics
['importing Marketable Quantity of Border Controlled Drug' 'duress' 'drug Debt' "threats to Offender's Family" 'manifest Excess']
['criminal Law' 'sentencing'] ['importing Marketable Quantity of Border Controlled Drug' 'duress' 'drug Debt' "threats to Offender's Family" 'manifest Excess']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentence imposed for importing a marketable quantity of cocaine was manifestly excessive.' 'Whether the sentencing judge was required to find that threats to the applicant and his family amounted to duress, falling short of the legal defence of duress, and to give that matter greater weight in assessing criminality.']

Ratio Decidendi

No sentencing error was demonstrated. The sentencing judge considered the applicant's evidence and the affidavits from his sister and mother, was not bound to find that threats were the true or pressing motivation for the offence, and did not fail to take into account any necessary factual consideration. The sentence was not shown to be manifestly excessive.

Court Disposition

Leave to appeal granted only on the issues raised in the supplementary written submissions dated 23 May 2012; otherwise leave refused; appeal dismissed.

Orders

  • ['Grant leave to appeal on the issues raised in the supplementary written submissions dated 23 May 2012, otherwise leave to appeal refused.' 'Appeal dismissed.']