Regina -v- AMD [1999] NSWCCA 171

Regina -v- AMD [1999] NSWCCA 171

The respondent's accurate, specific and continuing assistance to authorities, together with the results achieved and anticipated, constituted exceptional circumstances. In those circumstances, and having considered the relevant sentencing principles for serious drug offences and assistance to authorities, the sentencing judge's order that the cumulative sentence be served by periodic detention did not warrant appellate interference.

Jurisdiction
Australia
Judgment Date
24 June 1999
Procedural Posture
Crown Appeal Against Sentence / Appeal to the New South Wales Court of Criminal Appeal
Outcome
Appeal dismissed
Legal Topics
['supply of Prohibited Drug' 'cannabis Leaf' 'assistance to Authorities' 'discount on Sentence' 'periodic Detention' 'general Deterrence' 'crown Appeal Against Sentence']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'cannabis Leaf' 'assistance to Authorities' 'discount on Sentence' 'periodic Detention' 'general Deterrence' 'crown Appeal Against Sentence']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Appeal to the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in the manner and extent of the discount allowed for the respondent's assistance to authorities." "Whether the respondent's assistance to authorities constituted exceptional circumstances justifying periodic detention rather than full-time custody for serious drug supply offences."]

Ratio Decidendi

The respondent's accurate, specific and continuing assistance to authorities, together with the results achieved and anticipated, constituted exceptional circumstances. In those circumstances, and having considered the relevant sentencing principles for serious drug offences and assistance to authorities, the sentencing judge's order that the cumulative sentence be served by periodic detention did not warrant appellate interference.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']