R v Derbas [2004] NSWCCA 174

R v Derbas [2004] NSWCCA 174

The findings of managerial involvement were justified by the evidence; the sentence was not manifestly excessive given the circumstances and scale of offending; the judge acted within his authority in making a small allowance for the Form 1 summary offence.

Jurisdiction
Australia
Judgment Date
04 June 2004
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supply of Prohibited Drug' 'sentencing' 'summary Offences' 'form 1 Procedure' 'parity' 'discount for Guilty Plea']
['criminal Law'] ['supply of Prohibited Drug' 'sentencing' 'summary Offences' 'form 1 Procedure' 'parity' 'discount for Guilty Plea']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ["Whether the findings of fact as to applicant's managerial role were open on the evidence" 'Whether the sentence imposed was manifestly excessive' 'Whether the sentence could properly be increased by reason of the Form 1 summary offence']

Ratio Decidendi

The findings of managerial involvement were justified by the evidence; the sentence was not manifestly excessive given the circumstances and scale of offending; the judge acted within his authority in making a small allowance for the Form 1 summary offence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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