R v BUI, BUI v R [2008] NSWCCA 297
The circumstances relating to the respondent's children were truly exceptional and it was open to the sentencing judge to substantially reduce the respondent's sentence; therefore, the sentence was not manifestly inadequate and the Crown appeal should be dismissed. Extension of time for appeal against conviction was refused.
- Jurisdiction
- Australia
- Judgment Date
- 12 December 2008
- Procedural Posture
- Criminal Appeal / Court of Criminal Appeal Decision
- Outcome
- Extension of time for appealing against conviction refused; Crown appeal against sentence dismissed.
- Legal Topics
- ['sentencing' 'drug Offences' "hardship to Offender's Children" 'appeal Against Conviction' 'appeal Against Sentence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision
Legal Issues
- 1 ['Whether the extension of time for appealing against conviction should be granted' "Whether the circumstances relating to the respondent's children were exceptional so as to warrant a reduction in sentence" 'Whether the sentence was manifestly inadequate']
Ratio Decidendi
The circumstances relating to the respondent's children were truly exceptional and it was open to the sentencing judge to substantially reduce the respondent's sentence; therefore, the sentence was not manifestly inadequate and the Crown appeal should be dismissed. Extension of time for appeal against conviction was refused.
Court Disposition
Extension of time for appealing against conviction refused; Crown appeal against sentence dismissed.
Orders
- ['Extension of time for appeal against conviction refused' 'Crown appeal against sentence dismissed']
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