R v Auv [2002] NSWCCA 375

R v Auv [2002] NSWCCA 375

The head sentence imposed in the court below was manifestly excessive having regard to the relevant mitigating factors including the applicant's assistance to authorities and lack of prior adult convictions, and the non-parole period was set unreasonably high as a proportion of the total sentence; it was appropriate to resentence.

Jurisdiction
Australia
Judgment Date
09 August 2002
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment on Sentence Appeal
Outcome
allow appeal; resentenced
Legal Topics
['importation of Illegal Substances' 'sentencing' 'non Parole Period' 'manifest Excess']
['criminal Law'] ['importation of Illegal Substances' 'sentencing' 'non Parole Period' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment on Sentence Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether the non-parole period was set at an excessive percentage of the total sentence']

Ratio Decidendi

The head sentence imposed in the court below was manifestly excessive having regard to the relevant mitigating factors including the applicant's assistance to authorities and lack of prior adult convictions, and the non-parole period was set unreasonably high as a proportion of the total sentence; it was appropriate to resentence.

Court Disposition

allow appeal; resentenced

Orders

  • ['Leave to appeal granted' 'Appeal allowed' 'Sentence imposed below quashed and replaced with imprisonment for seven and a half years with a non-parole period of five years']