R v MOUSSA [2001] NSWCCA 28

R v MOUSSA [2001] NSWCCA 28

The sentence of two years' imprisonment for supply of 27g of heroin was not excessive given statutory penalties, the circumstances of the offence, lack of exceptional hardship, and absence of sentencing error.

Parties
Respondent: Regina; Applicant: Elvis Moussa
Jurisdiction
Australia
Judgment Date
19 February 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
application for leave to appeal refused
Legal Topics
Drug Offences, Sentencing, Supply of Prohibited Drug
Criminal Law Drug Offences Sentencing Supply of Prohibited Drug

Case Brief

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Parties

Regina

Respondent

Elvis Moussa

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the sentence imposed for supplying a prohibited drug was manifestly excessive or affected by error
  2. 2 Whether hardship to family or degree of supply warranted a non-custodial sentence

Ratio Decidendi

The sentence of two years' imprisonment for supply of 27g of heroin was not excessive given statutory penalties, the circumstances of the offence, lack of exceptional hardship, and absence of sentencing error.

Court Disposition

application for leave to appeal refused

Orders

  • application for leave to appeal refused