Regina v Brett Raymond Walker [2005] NSWCCA 109

Regina v Brett Raymond Walker [2005] NSWCCA 109

The sentencing judge did not make an impermissible use of the applicant's criminal record; personal deterrence was a proper consideration under established principles. The sentences imposed were within the appropriate range given the seriousness and context of the offences, including the applicant's involvement in the business of supplying drugs for profit.

Jurisdiction
Australia
Judgment Date
31 March 2005
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Judgment
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'supplying Prohibited Drugs' 'use of Prior Criminal Record as Aggravating Factor' 'appropriate Sentence and Non Parole Period']
['criminal Law'] ['sentencing' 'supplying Prohibited Drugs' 'use of Prior Criminal Record as Aggravating Factor' 'appropriate Sentence and Non Parole Period']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Judgment

Legal Issues

  1. 1 ["Whether the sentencing judge erred in regarding the applicant's criminal record as an aggravating factor" 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentencing judge did not make an impermissible use of the applicant's criminal record; personal deterrence was a proper consideration under established principles. The sentences imposed were within the appropriate range given the seriousness and context of the offences, including the applicant's involvement in the business of supplying drugs for profit.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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