Regina v Taru [2002] NSWCCA 391

Regina v Taru [2002] NSWCCA 391

The applicant's role was properly analogised to that of a courier or person low in the hierarchy of the importing organisation. The sentence imposed was not manifestly excessive and was within the appropriate range given the circumstances.

Parties
Respondent: Crown; Applicant: Herbert Taru
Jurisdiction
Australia
Judgment Date
13 September 2002
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted, appeal dismissed.
Legal Topics
Sentence Appeal, Attempt to Obtain Trafficable Quantity of Cocaine, Role and Culpability of Offender
Criminal Law Sentence Appeal Attempt to Obtain Trafficable Quantity of Cocaine Role and Culpability of Offender

Case Brief

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Parties

Crown

Respondent

Herbert Taru

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the applicant's limited role and favourable subjective factors

Ratio Decidendi

The applicant's role was properly analogised to that of a courier or person low in the hierarchy of the importing organisation. The sentence imposed was not manifestly excessive and was within the appropriate range given the circumstances.

Court Disposition

Leave to appeal granted, appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed