ELDRIDGE v REGINA [2011] NSWCCA 144

ELDRIDGE v REGINA [2011] NSWCCA 144

Although the sentencing judge erred in her treatment of pre-sentence custody by not adequately explaining the method adopted, no lesser sentence is warranted and the sentence passed was appropriate due to the seriousness of drug supply offences and lack of strong subjective circumstances.

Parties
Applicant: Christopher Ronald Eldridge; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
20 June 2011
Procedural Posture
Criminal Sentence Appeal / Leave to Appeal and Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Supply of Prohibited Drug, Pre Sentence Custody, Special Circumstances
Criminal Law Sentence Appeal Supply of Prohibited Drug Pre Sentence Custody Special Circumstances

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Parties

Christopher Ronald Eldridge

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Sentence Appeal / Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 Whether the sentence was manifestly excessive
  2. 2 Whether the sentencing judge erred in the treatment of pre-sentence custody
  3. 3 Whether special circumstances were properly taken into account

Ratio Decidendi

Although the sentencing judge erred in her treatment of pre-sentence custody by not adequately explaining the method adopted, no lesser sentence is warranted and the sentence passed was appropriate due to the seriousness of drug supply offences and lack of strong subjective circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.