Regina v Ho [1999] NSWCCA 440

Regina v Ho [1999] NSWCCA 440

The trial judge correctly assessed the applicant’s criminality, role in the enterprise, and personal circumstances. The principles of parity and appropriate sentencing for drug offences were applied without error, and the non-parole period imposed was reasonable.

Jurisdiction
Australia
Judgment Date
10 December 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'attempted Possession of Heroin' 'parity in Sentencing' 'co Offender Criminality']
['criminal Law'] ['sentencing' 'attempted Possession of Heroin' 'parity in Sentencing' 'co Offender Criminality']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether principles of parity in sentencing were correctly applied by the sentencing judge' 'Whether the non-parole period imposed was manifestly excessive' 'Comparison of criminality and subjective circumstances between applicant and co-offender']

Ratio Decidendi

The trial judge correctly assessed the applicant’s criminality, role in the enterprise, and personal circumstances. The principles of parity and appropriate sentencing for drug offences were applied without error, and the non-parole period imposed was reasonable.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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