YOUNG v REGINA [2007] NSWCCA 114

YOUNG v REGINA [2007] NSWCCA 114

Although the sentence imposed was at the high end of the available range, it was not manifestly excessive given the applicant's repeated offending and disregard for previous sentences. However, a miscalculation regarding pre-sentence custody entitled the applicant to a partially successful appeal adjusting the sentence commencement date.

Jurisdiction
Australia
Judgment Date
26 April 2007
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal—leave to Appeal and Appeal Granted in Part
Outcome
Leave to appeal granted, appeal granted in part
Legal Topics
['sentence Appeal' 'controlled Drugs' 'manifest Excess' 'conditional Liberty' 'pre Sentence Custody']
['criminal Law'] ['sentence Appeal' 'controlled Drugs' 'manifest Excess' 'conditional Liberty' 'pre Sentence Custody']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal—leave to Appeal and Appeal Granted in Part

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether the sentence properly reflected pre-sentence custody']

Ratio Decidendi

Although the sentence imposed was at the high end of the available range, it was not manifestly excessive given the applicant's repeated offending and disregard for previous sentences. However, a miscalculation regarding pre-sentence custody entitled the applicant to a partially successful appeal adjusting the sentence commencement date.

Court Disposition

Leave to appeal granted, appeal granted in part

Orders

  • ['The sentence (other than for the revocation for breach of the good behaviour bond) imposed by Morgan DCJ on 28 July 2006 (including the offence on the Form 1) is quashed.' "In lieu thereof, for the offence of supply prohibited drug, methylamphetamine, not less than indictable quantity (date of offence between 9...