Regina v Kenneth Robert Derley [2001] NSWCCA 419

Regina v Kenneth Robert Derley [2001] NSWCCA 419

The sentence imposed was not manifestly excessive and fell within the range of proper discretion, taking into account the applicant's prior convictions, the commercial quantity of the drug, absence of clear differentiation in role, the plea of guilty, assistance to authorities, and the principles in Olbrich regarding findings of fact in sentencing for drug offences.

Parties
Applicant: Kenneth Robert Derley; Respondent: Regina
Jurisdiction
Australia
Judgment Date
15 October 2001
Procedural Posture
Application for Leave to Appeal Against Sentence / Decision on Application for Leave to Appeal
Outcome
Application for leave to appeal allowed. Appeal dismissed.
Legal Topics
Sentencing, Supply of Prohibited Drugs, Utilisation of Form 1 Offences, Discount for Plea of Guilty, Role of Offender in Drug Supply
Criminal Law Sentencing Supply of Prohibited Drugs Utilisation of Form 1 Offences Discount for Plea of Guilty Role of Offender in Drug Supply

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Kenneth Robert Derley

Applicant

Regina

Respondent

Procedural Posture

Application for Leave to Appeal Against Sentence / Decision on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the sentence imposed for supply of a commercial quantity of methylamphetamine was manifestly excessive
  2. 2 Proper approach to Form 1 matters in sentencing
  3. 3 Appropriateness of discount for plea and assistance

Ratio Decidendi

The sentence imposed was not manifestly excessive and fell within the range of proper discretion, taking into account the applicant's prior convictions, the commercial quantity of the drug, absence of clear differentiation in role, the plea of guilty, assistance to authorities, and the principles in Olbrich regarding findings of fact in sentencing for drug offences.

Court Disposition

Application for leave to appeal allowed. Appeal dismissed.

Orders

  • Application for leave to appeal allowed
  • Appeal dismissed