R v Dujeu [2004] NSWCCA 237

R v Dujeu [2004] NSWCCA 237

The sentencing judge gave sufficient and appropriate reasons for the overall sentence, including the non-parole period, which was within the accepted range and not manifestly excessive; no error in principle was demonstrated and there is no requirement at law to give separate reasons for the non-parole period where it is within the accepted range.

Parties
Applicant: Anthony Daniel Dujeu; Respondent: Crown
Jurisdiction
Australia
Judgment Date
03 August 2004
Procedural Posture
Severity Appeal / Application for Leave to Appeal and Appeal Judgment
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Importation of Drugs, Non Parole Period, Severity Appeal
Criminal Law Sentencing Importation of Drugs Non Parole Period Severity Appeal

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Parties

Anthony Daniel Dujeu

Applicant

Crown

Respondent

Procedural Posture

Severity Appeal / Application for Leave to Appeal and Appeal Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to give reasons for the non-parole period imposed
  2. 2 Whether the non-parole period imposed was manifestly excessive

Ratio Decidendi

The sentencing judge gave sufficient and appropriate reasons for the overall sentence, including the non-parole period, which was within the accepted range and not manifestly excessive; no error in principle was demonstrated and there is no requirement at law to give separate reasons for the non-parole period where it is within the accepted range.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed