RESTUCCIA v REGINA [2012] NSWCCA 15

RESTUCCIA v REGINA [2012] NSWCCA 15

Sentences imposed were well within sentencing discretion, given prior offending, aggravating circumstances (commission of offences while on bail and good behaviour bond), and principles of substantial deterrence for drug offending.

Parties
Applicant: Jamie Restuccia; Respondent: Regina
Jurisdiction
Australia
Judgment Date
21 February 2012
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Drug Supply, Ecstasy, Indictable Quantity
Criminal Law Sentencing Drug Supply Ecstasy Indictable Quantity

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Parties

Jamie Restuccia

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 Whether sentences imposed for Counts 2 and 3 are manifestly excessive

Ratio Decidendi

Sentences imposed were well within sentencing discretion, given prior offending, aggravating circumstances (commission of offences while on bail and good behaviour bond), and principles of substantial deterrence for drug offending.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.