Regina v Schluenz [2001] NSWCCA 314

Regina v Schluenz [2001] NSWCCA 314

Although the sentence was comparatively severe, it was not shown to be manifestly excessive. The sentencing judge did not err in his treatment of s 16A(2)(p), and the fresh material concerning the appellant's teenage son did not disclose circumstances so exceptional as to require appellate intervention; even if admitted, it would not affect the result.

Jurisdiction
Australia
Judgment Date
10 August 2001
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['drug Importation by Post' 'attempt to Obtain Possession of Narcotic Goods' 'methylamphetamine' "effect of Imprisonment on Offender's Family" 'fresh Evidence on Appeal' 'manifest Excess']
['criminal Law' 'sentencing'] ['drug Importation by Post' 'attempt to Obtain Possession of Narcotic Goods' 'methylamphetamine' "effect of Imprisonment on Offender's Family" 'fresh Evidence on Appeal' 'manifest Excess']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence of seven years imprisonment with a non-parole period of four years was manifestly excessive.' "Whether the sentencing judge erred in dealing with the effect of imprisonment on the appellant's teenage son under s 16A(2)(p) of the Commonwealth Crimes Act." "Whether fresh material concerning the appellant's son justified appellate intervention."]

Ratio Decidendi

Although the sentence was comparatively severe, it was not shown to be manifestly excessive. The sentencing judge did not err in his treatment of s 16A(2)(p), and the fresh material concerning the appellant's teenage son did not disclose circumstances so exceptional as to require appellate intervention; even if admitted, it would not affect the result.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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