BIERMANN v R [2009] NSWCCA 165

BIERMANN v R [2009] NSWCCA 165

The individual and aggregate sentences imposed by the judge were not manifestly excessive, with the judge's assessment of objective and subjective factors within discretion. The accumulation and proportion of non-parole periods was appropriate to the applicant's criminality, and no relevant error was demonstrated to warrant appellate intervention.

Jurisdiction
Australia
Judgment Date
19 June 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeals against sentence dismissed.
Legal Topics
['appeal Against Sentence' 'drug Supply' 'commercial Quantity' 'manifestly Excessive Sentence' 'accumulation of Sentences' 'special Circumstances']
['criminal Law'] ['appeal Against Sentence' 'drug Supply' 'commercial Quantity' 'manifestly Excessive Sentence' 'accumulation of Sentences' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether individual sentences and aggregate sentence are manifestly excessive' 'Whether judicial discretion in accumulating sentences miscarried' 'Whether special circumstances were sufficiently reflected in sentencing']

Ratio Decidendi

The individual and aggregate sentences imposed by the judge were not manifestly excessive, with the judge's assessment of objective and subjective factors within discretion. The accumulation and proportion of non-parole periods was appropriate to the applicant's criminality, and no relevant error was demonstrated to warrant appellate intervention.

Court Disposition

Leave to appeal granted; appeals against sentence dismissed.

Orders

  • ['Leave to appeal granted' 'Appeals against sentence dismissed']