R v Tan [2001] NSWCCA 438

R v Tan [2001] NSWCCA 438

The sentence, though substantial and at the top of the range, was not manifestly excessive given the quantity of narcotics, the applicant's role in the distribution, and the legislative maximum for the offence. The sentencing judge did not err in the evaluation of the plea of guilty, characterization of the drug, or consideration of prior good character.

Jurisdiction
Australia
Judgment Date
24 October 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Hearing
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'drug Offences' 'appeals']
['criminal Law'] ['sentencing' 'drug Offences' 'appeals']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Appeal Hearing

Legal Issues

  1. 1 ["Whether the sentencing judge erred in assessing the applicant's guilty plea" "Whether appropriate consideration was given to the status of Ecstasy as a 'middle range' drug" "Whether applicant's prior good character was properly considered" 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentence, though substantial and at the top of the range, was not manifestly excessive given the quantity of narcotics, the applicant's role in the distribution, and the legislative maximum for the offence. The sentencing judge did not err in the evaluation of the plea of guilty, characterization of the drug, or consideration of prior good character.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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