R v Khaled [2001] NSWCCA 169

R v Khaled [2001] NSWCCA 169

Although there was a factual error in assessing the quantity of drugs, significant counter-balancing factors and aggravating circumstances meant no reduction of sentence was warranted. The legislative policy under s 25A Drug Misuse and Trafficking Act requires strong deterrent sentencing for ongoing drug supply, and the sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
20 April 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'supply of Drugs' 'error as to Quantity Supplied' 'manifestly Excessive Sentence']
['criminal Law'] ['appeal Against Sentence' 'supply of Drugs' 'error as to Quantity Supplied' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in relation to the assessment of the quantity of drugs involved' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

Although there was a factual error in assessing the quantity of drugs, significant counter-balancing factors and aggravating circumstances meant no reduction of sentence was warranted. The legislative policy under s 25A Drug Misuse and Trafficking Act requires strong deterrent sentencing for ongoing drug supply, and the sentence was not manifestly excessive.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

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