Eyles v R [2013] NSWCCA 128

Eyles v R [2013] NSWCCA 128

The sentence was not manifestly excessive, the sentencing judge correctly characterised the seriousness and commercial purpose; any confusion about the relevant statutory provision did not cause error or distract from proper sentencing evaluation.

Source-derived case information.

Parties
Applicant: Jeffrey Paul Eyles; Respondent: Regina
Jurisdiction
Australia
Judgment Date
30 May 2013
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Sentence Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Cultivation of Prohibited Plants, Manifest Excess, Objective Seriousness
Criminal Law Sentence Appeal Cultivation of Prohibited Plants Manifest Excess Objective Seriousness

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Parties

Jeffrey Paul Eyles

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for cultivating prohibited plants by enhanced indoor means for a commercial purpose was manifestly excessive
  2. 2 Whether the sentencing judge erred in the characterisation of objective seriousness of the offence
  3. 3 Whether undue weight was given to the commercial purpose

Ratio Decidendi

The sentence was not manifestly excessive, the sentencing judge correctly characterised the seriousness and commercial purpose; any confusion about the relevant statutory provision did not cause error or distract from proper sentencing evaluation.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.