REGINA v WHITE [1999] NSWCCA 60

REGINA v WHITE [1999] NSWCCA 60

The sentence imposed was appropriate and not manifestly excessive given the seriousness of the offence, the applicant’s prior convictions, her poor response to prior lenient and rehabilitative sentences, and the absence of evidence of highly exceptional hardship to dependants. Leave to appeal was granted but the appeal was dismissed. The applicant is to be released on parole at the expiration of the minimum term.

Jurisdiction
Australia
Judgment Date
30 March 1999
Procedural Posture
Appeal (sentence) / Application for Leave to Appeal Sentencing; Judgment on Appeal
Outcome
Leave to appeal granted; appeal dismissed; direction that applicant be released on parole at expiration of the minimum term on 5 August 1999.
Legal Topics
['sentence Appeal' 'supply of Prohibited Drugs' 'possession of Prohibited Drugs' 'imprisonment' 'family Hardship' 'periodic Detention' 'remand' 'parole']
['criminal Law'] ['sentence Appeal' 'supply of Prohibited Drugs' 'possession of Prohibited Drugs' 'imprisonment' 'family Hardship' 'periodic Detention' 'remand' 'parole']

Case Brief

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Procedural Posture

Appeal (sentence) / Application for Leave to Appeal Sentencing; Judgment on Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' "Whether hardship to applicant's family or herself justified a lesser sentence" 'Whether periodic detention or lengthy remand should have been imposed instead of full-time custody']

Ratio Decidendi

The sentence imposed was appropriate and not manifestly excessive given the seriousness of the offence, the applicant’s prior convictions, her poor response to prior lenient and rehabilitative sentences, and the absence of evidence of highly exceptional hardship to dependants. Leave to appeal was granted but the appeal was dismissed. The applicant is to be released on parole at the expiration of the minimum term.

Court Disposition

Leave to appeal granted; appeal dismissed; direction that applicant be released on parole at expiration of the minimum term on 5 August 1999.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed' 'Applicant to be released on parole at expiration of the minimum term on 5 August 1999']