Mirza v R [2007] NSWCCA 257

Mirza v R [2007] NSWCCA 257

Although the sentence was at the higher end of the guideline range, the applicant's criminality was aggravated beyond that of a normal courier, and no error in principle or manifest excess was established; thus, the sentence was within the range lawfully open to the sentencing judge.

Parties
Applicant: Husnan Akhtar Baig Mirza; Respondent: Regina
Jurisdiction
Australia
Judgment Date
30 August 2007
Procedural Posture
Criminal Appeal / Application for Extension of Time; Application for Leave to Appeal; Sentence Appeal
Outcome
Extension of time to apply for leave to appeal granted; leave granted; appeal dismissed.
Legal Topics
Sentence, Importation of Traffickable Quantity of Heroin, Manifestly Excessive Sentence
Criminal Law Sentence Importation of Traffickable Quantity of Heroin Manifestly Excessive Sentence

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Parties

Husnan Akhtar Baig Mirza

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time; Application for Leave to Appeal; Sentence Appeal

Legal Issues

  1. 1 Whether the sentence was manifestly excessive for importation of a traffickable quantity of heroin

Ratio Decidendi

Although the sentence was at the higher end of the guideline range, the applicant's criminality was aggravated beyond that of a normal courier, and no error in principle or manifest excess was established; thus, the sentence was within the range lawfully open to the sentencing judge.

Court Disposition

Extension of time to apply for leave to appeal granted; leave granted; appeal dismissed.

Orders

  • Extension of time in which to apply for leave to appeal against sentence is granted.
  • Leave to appeal against sentence is granted.