R v Teuma [2001] NSWCCA 369

R v Teuma [2001] NSWCCA 369

The sentence was not shown to be manifestly excessive or affected by appellable error. The applicant withheld evidence about the full extent of the criminal enterprise, the sentencing judge was not required to determine whether the conduct was a single episode supply, and the known facts, including the Form 1 matters, revealed serious criminal conduct warranting the sentence imposed under normal sentencing principles.

Jurisdiction
Australia
Judgment Date
20 September 2001
Procedural Posture
Criminal Sentencing Appeal Against Severity / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supply Prohibited Drug' 'deemed Supply of Cannabis Leaf' 'manifest Excess' 'judicial Commission Sentencing Statistics' 'form 1 Offences' 'non Parole Period']
['criminal Law' 'sentencing'] ['supply Prohibited Drug' 'deemed Supply of Cannabis Leaf' 'manifest Excess' 'judicial Commission Sentencing Statistics' 'form 1 Offences' 'non Parole Period']

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Procedural Posture

Criminal Sentencing Appeal Against Severity / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed for deemed supply of cannabis leaf was manifestly excessive.' 'Whether reliance on Judicial Commission sentencing statistics demonstrated error in the head sentence or non-parole period.' "Whether the applicant's claimed role as a go-between in a single episode of supply affected the appropriate sentence."]

Ratio Decidendi

The sentence was not shown to be manifestly excessive or affected by appellable error. The applicant withheld evidence about the full extent of the criminal enterprise, the sentencing judge was not required to determine whether the conduct was a single episode supply, and the known facts, including the Form 1 matters, revealed serious criminal conduct warranting the sentence imposed under normal sentencing principles.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']