R v Field [2001] NSWCCA 489

R v Field [2001] NSWCCA 489

The sentencing judge's findings that the offence was well planned and that the applicant's role was quite significant and essential were open on the evidence. The matters raised by the applicant did not demonstrate error, and the sentence was lenient rather than excessive in all the circumstances.

Jurisdiction
Australia
Judgment Date
28 November 2001
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['supply of a Prohibited Drug' 'commercial Quantity of Cannabis Leaf' 'sentence Appeal' 'hardship to Dependants' 'plea of Guilty Discount']
['criminal Law' 'sentencing'] ['supply of a Prohibited Drug' 'commercial Quantity of Cannabis Leaf' 'sentence Appeal' 'hardship to Dependants' 'plea of Guilty Discount']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether leave to appeal against the sentence for supplying a commercial quantity of cannabis leaf should be granted.' "Whether the sentencing judge erred in treating the applicant's role as significant and essential and imposing a sentence of imprisonment." "Whether hardship to the applicant's children, the applicant's health, alleged lack of knowledge of the drug quantity, or alleged assistance to police justified appellate intervention."]

Ratio Decidendi

The sentencing judge's findings that the offence was well planned and that the applicant's role was quite significant and essential were open on the evidence. The matters raised by the applicant did not demonstrate error, and the sentence was lenient rather than excessive in all the circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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