REGINA v. HENNOCK [2002] NSWCCA 229

REGINA v. HENNOCK [2002] NSWCCA 229

The sentencing judge did not make the alleged error of treating the applicant as involved in other large-scale transactions; her reference to a larger quantity concerned the 200-tablet supply. The applicant willingly embarked on the larger dealing in the context of ongoing supply activity, and the final sentence was not shown to be affected by error of law or to be manifestly excessive. Leave to appeal was granted because the matter was fully argued, but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
17 June 2002
Procedural Posture
Criminal Law Appeal Sentence / Application for Leave to Appeal From a Sentence Imposed in the District Court of New South Wales at Gosford After a Guilty Plea; Leave to Appeal Granted and Appeal Dismissed.
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['ongoing Supply of Mdma' 'supply of Prohibited Drugs' 'form 1 Offences' 'special Circumstances' 'youth and Rehabilitation' 'manifest Excessive Sentence' 'controlled Operation']
['criminal Law' 'sentencing' 'drug Offences'] ['ongoing Supply of Mdma' 'supply of Prohibited Drugs' 'form 1 Offences' 'special Circumstances' 'youth and Rehabilitation' 'manifest Excessive Sentence' 'controlled Operation']

Case Brief

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Procedural Posture

Criminal Law Appeal Sentence / Application for Leave to Appeal From a Sentence Imposed in the District Court of New South Wales at Gosford After a Guilty Plea; Leave to Appeal Granted and Appeal Dismissed.

Legal Issues

  1. 1 ['Whether the sentencing judge erred by finding criminality greater than the evidence supported, contrary to the principles in The Queen v. Olbrich (1999) 199 CLR 270.' "Whether the large MDMA transaction suggested through the police operation inflated the applicant's true level of criminality." "Whether the sentence was manifestly excessive having regard to the applicant's youth, first full-time custodial sentence, service in protection, special circumstances and objective circumstances of the offences."]

Ratio Decidendi

The sentencing judge did not make the alleged error of treating the applicant as involved in other large-scale transactions; her reference to a larger quantity concerned the 200-tablet supply. The applicant willingly embarked on the larger dealing in the context of ongoing supply activity, and the final sentence was not shown to be affected by error of law or to be manifestly excessive. Leave to appeal was granted because the matter was fully argued, but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']