Cunningham v Regina [2017] NSWCCA 222

Cunningham v Regina [2017] NSWCCA 222

Given the objective gravity of the drug supply offence and the rejection of the applicant's favourable explanation, and having considered all alternatives, the sentencing judge did not err in concluding that no penalty other than imprisonment was appropriate. The sentence of 12 months by way of intensive correction order was within the permissible discretion, and not manifestly excessive.

Jurisdiction
Australia
Judgment Date
13 September 2017
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Determination of Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'appeals' 'supply of Prohibited Drug' 'manifest Excess' 'non Custodial Sentence']
['criminal Law'] ['sentencing' 'appeals' 'supply of Prohibited Drug' 'manifest Excess' 'non Custodial Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Determination of Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to impose a non-custodial sentence' 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

Given the objective gravity of the drug supply offence and the rejection of the applicant's favourable explanation, and having considered all alternatives, the sentencing judge did not err in concluding that no penalty other than imprisonment was appropriate. The sentence of 12 months by way of intensive correction order was within the permissible discretion, and not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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