R v Connell [2003] NSWCCA 90

R v Connell [2003] NSWCCA 90

The sentence, though stern, was within the permissible range and did not reveal any misdirection in the sentencing judge’s approach; leave to appeal was granted, but the appeal was dismissed as the sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
25 March 2003
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'drug Offences' 'appeal' 'supply of Drugs']
['criminal Law'] ['sentencing' 'drug Offences' 'appeal' 'supply of Drugs']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Appropriate weighting of objective and subjective features in sentencing' 'Consideration of early guilty plea and special circumstances in structuring sentence']

Ratio Decidendi

The sentence, though stern, was within the permissible range and did not reveal any misdirection in the sentencing judge’s approach; leave to appeal was granted, but the appeal was dismissed as the sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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