DIEGUEZ Jason v R [2008] NSWCCA 147

DIEGUEZ Jason v R [2008] NSWCCA 147

The sentence imposed was within the statutory range and not plainly unjust or unreasonable, and the judge did not err in relying on drug quantity or in findings about trafficking; subjective factors and bail conditions did not warrant mitigation. The delay in filing appeal was not sufficiently explained. Leave to appeal refused.

Jurisdiction
Australia
Judgment Date
04 July 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused
Legal Topics
['sentencing' 'supply of Prohibited Drug' 'delay in Filing Appeal' 'manifest Excess']
['criminal Law'] ['sentencing' 'supply of Prohibited Drug' 'delay in Filing Appeal' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed for supply of heroin was manifestly excessive' 'Whether the sentencing judge erred by giving undue weight to the quantity of the drug' 'Whether the sentencing judge erred by finding substantial involvement in drug trafficking' 'Whether the sentencing judge erred in making insufficient allowance for subjective factors' 'Whether delay in filing appeal is adequately explained']

Ratio Decidendi

The sentence imposed was within the statutory range and not plainly unjust or unreasonable, and the judge did not err in relying on drug quantity or in findings about trafficking; subjective factors and bail conditions did not warrant mitigation. The delay in filing appeal was not sufficiently explained. Leave to appeal refused.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal is refused.']