Vigo v R [2009] NSWCCA 98

Vigo v R [2009] NSWCCA 98

No error was demonstrated in the sentencing judge’s finding based on the evidence of Ms Love and Mr Chapman that the quantity supplied exceeded 40 kilogrammes. The sentence was not manifestly excessive and lay within the discernible pattern for this offence.

Parties
Applicant: Daniel Eduardo Vigo; Respondent/crown: Regina
Jurisdiction
Australia
Judgment Date
06 April 2009
Procedural Posture
Conviction Appeal – Sentence / Appeal Against Sentence (severity) After Conviction by Jury in District Court
Outcome
Appeal dismissed
Legal Topics
Sentencing, Supply of Prohibited Drugs, Fact Finding by Sentencing Judge
Criminal Law Sentencing Supply of Prohibited Drugs Fact Finding by Sentencing Judge

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Parties

Daniel Eduardo Vigo

Applicant

Regina

Respondent/crown

Procedural Posture

Conviction Appeal – Sentence / Appeal Against Sentence (severity) After Conviction by Jury in District Court

Legal Issues

  1. 1 Whether the sentencing judge erred in finding the applicant had supplied in excess of 40 kilogrammes of amphetamine
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

No error was demonstrated in the sentencing judge’s finding based on the evidence of Ms Love and Mr Chapman that the quantity supplied exceeded 40 kilogrammes. The sentence was not manifestly excessive and lay within the discernible pattern for this offence.

Court Disposition

Appeal dismissed

Orders

  • Extension of time for making application for leave to appeal against sentence granted.
  • Leave to appeal against sentence granted.