REGINA v. CN [2001] NSWCCA 100

REGINA v. CN [2001] NSWCCA 100

The sentencing judge took into account the applicant's youth, immaturity, vulnerability, contrition, plea, assistance to police and rehabilitation prospects, but was entitled to give significant weight to the seriousness of the commercial drug supply offences, personal and general deterrence, and protection of the public. The applicant understood to a considerable extent the seriousness of his conduct, and the sentences directed to be served wholly in a detention centre were within the range available at law and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
26 March 2001
Procedural Posture
Criminal Law Appeal Against Sentences / Application for Leave to Appeal Against Sentence From the District Court of New South Wales
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supply of Commercial Quantity of Prohibited Drugs' 'juvenile Offender' 'detention Centre Sentence' 'general Deterrence' 'manifest Excess']
['criminal Law' 'sentencing'] ['supply of Commercial Quantity of Prohibited Drugs' 'juvenile Offender' 'detention Centre Sentence' 'general Deterrence' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Law Appeal Against Sentences / Application for Leave to Appeal Against Sentence From the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the sentences imposed for two offences under s.25(2) of the Drugs Misuse and Trafficking Act 1985 were manifestly excessive.' 'Whether the sentencing judge erred in the weight given to general deterrence in sentencing a juvenile offender.' 'Whether the sentencing judge erred in finding that the applicant understood the seriousness and wrongfulness of his conduct.' 'Whether the direction that the sentences be served wholly in a detention centre affected the severity of the sentence.']

Ratio Decidendi

The sentencing judge took into account the applicant's youth, immaturity, vulnerability, contrition, plea, assistance to police and rehabilitation prospects, but was entitled to give significant weight to the seriousness of the commercial drug supply offences, personal and general deterrence, and protection of the public. The applicant understood to a considerable extent the seriousness of his conduct, and the sentences directed to be served wholly in a detention centre were within the range available at law and not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']