Regina v Junaedy Adwinata [2001] NSWCCA 154

Regina v Junaedy Adwinata [2001] NSWCCA 154

The sentencing judge did not err in treating Wong and Leung as general guidance rather than as binding or directly transposed authority, and the sentence was not manifestly excessive given the applicant's admitted willing participation as a street trafficker or courier of heroin and the objective gravity of the offence. No different sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
20 April 2001
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supply of Prohibited Drug' 'heroin' 'manifestly Excessive Sentence' 'use of Sentencing Statistics' 'form 1 Matters']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'heroin' 'manifestly Excessive Sentence' 'use of Sentencing Statistics' 'form 1 Matters']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge wrongly transposed the reasoning and result of Regina v Wong and Leung 1999 48 NSWLR 340 to a New South Wales drug supply offence.' 'Whether the sentencing judge misapprehended the importance of relevant sentencing statistics.' 'Whether the sentence of imprisonment for three years with a non-parole period of 27 months was manifestly excessive.']

Ratio Decidendi

The sentencing judge did not err in treating Wong and Leung as general guidance rather than as binding or directly transposed authority, and the sentence was not manifestly excessive given the applicant's admitted willing participation as a street trafficker or courier of heroin and the objective gravity of the offence. No different sentence was warranted in law.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']