Regina v Aiken [2001] NSWCCA 409

Regina v Aiken [2001] NSWCCA 409

No error was demonstrated in the sentencing process; the applicant had already benefited from concurrent sentences and the sentencing judge considered the applicant’s personal circumstances.

Parties
Respondent: Regina; Applicant: Luke Aiken
Jurisdiction
Australia
Judgment Date
08 October 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence
Outcome
appeal dismissed
Legal Topics
Sentence, Supplying Prohibited Drug, Possession of Cannabis, Severity of Sentence, Backdating Sentence
Criminal Law Sentence Supplying Prohibited Drug Possession of Cannabis Severity of Sentence Backdating Sentence

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 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Respondent

Luke Aiken

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in not backdating the applicant's sentence to the date of initial custody.
  2. 2 Whether the sentence imposed was excessive.

Ratio Decidendi

No error was demonstrated in the sentencing process; the applicant had already benefited from concurrent sentences and the sentencing judge considered the applicant’s personal circumstances.

Court Disposition

appeal dismissed

Orders

  • leave to appeal granted
  • appeal dismissed