Sande v R [2022] NSWCCA 236

Sande v R [2022] NSWCCA 236

The Court concluded that there was no tenable basis upon which the sentence could have been challenged as manifestly excessive, given the applicant's significant criminal history, objective seriousness, the context of committing the offence while on parole, and the sensible approach to balancing deterrence and rehabilitation taken by the sentencing judge. Accordingly, leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
18 November 2022
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused
Legal Topics
['appeal Against Sentence' 'manifest Excess' 'supplying Prohibited Drug' 'sentencing' 'comparable Cases']
['criminal Law'] ['appeal Against Sentence' 'manifest Excess' 'supplying Prohibited Drug' 'sentencing' 'comparable Cases']

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 was manifestly excessive' 'Whether the nominal starting point of the sentence was outside the appropriate range']

Ratio Decidendi

The Court concluded that there was no tenable basis upon which the sentence could have been challenged as manifestly excessive, given the applicant's significant criminal history, objective seriousness, the context of committing the offence while on parole, and the sensible approach to balancing deterrence and rehabilitation taken by the sentencing judge. Accordingly, leave to appeal was refused.

Court Disposition

Leave to appeal refused

Orders

  • ['The application for leave to appeal is refused.']