R v Shepherd [1999] NSWCCA 162

R v Shepherd [1999] NSWCCA 162

The sentence imposed was within the sentencing discretion of the judge, given the circumstances of the offence, even though the matter could have been dealt with in the Local Court.

Parties
Respondent: Regina; Applicant: James Lawrence Shepherd
Jurisdiction
Australia
Judgment Date
11 June 1999
Procedural Posture
Criminal Appeal / Sentence Appeal Against Severity
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal Against Severity, Supplying Prohibited Drug (cannabis), Sentencing Discretion, Summary Disposal of Indictable Offences
Criminal Law Sentence Appeal Against Severity Supplying Prohibited Drug (cannabis) Sentencing Discretion Summary Disposal of Indictable Offences

Case Brief

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Parties

Regina

Respondent

James Lawrence Shepherd

Applicant

Procedural Posture

Criminal Appeal / Sentence Appeal Against Severity

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive given the offence could have been dealt with in the Local Court
  2. 2 Appropriate exercise of sentencing discretion in relation to supply of prohibited drug

Ratio Decidendi

The sentence imposed was within the sentencing discretion of the judge, given the circumstances of the offence, even though the matter could have been dealt with in the Local Court.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.