Regina v Ogochukwu [2004] NSWCCA 473

Regina v Ogochukwu [2004] NSWCCA 473

The sentencing judge did not commit an appealable error in the computation of the sentence; both the head sentence and non-parole period imposed were within the appropriate range for the offence and circumstances.

Parties
Applicant: Iraenus Ogochukwu; Respondent: Crown (Cth)
Jurisdiction
Australia
Judgment Date
29 October 2004
Procedural Posture
Criminal Appeal / Application for Leave and Appeal Determination
Outcome
Application for leave granted, appeal dismissed
Legal Topics
Importation of Prohibited Import, Sentencing, Non Parole Period, Drug Offences
Criminal Law Importation of Prohibited Import Sentencing Non Parole Period Drug Offences

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Parties

Iraenus Ogochukwu

Applicant

Crown (Cth)

Respondent

Procedural Posture

Criminal Appeal / Application for Leave and Appeal Determination

Legal Issues

  1. 1 Whether the trial judge erred in imposing as a non-parole period a period he had previously reasoned should be the head sentence
  2. 2 Whether the sentence imposed was excessive in all the circumstances

Ratio Decidendi

The sentencing judge did not commit an appealable error in the computation of the sentence; both the head sentence and non-parole period imposed were within the appropriate range for the offence and circumstances.

Court Disposition

Application for leave granted, appeal dismissed

Orders

  • Application for leave to appeal granted
  • Appeal dismissed