R v English-Russell [2002] NSWCCA 179

R v English-Russell [2002] NSWCCA 179

Leave to appeal was granted but the appeal was dismissed as no sentencing error was demonstrated; the sentences were not manifestly excessive, aggravating factors were properly weighed, and the parity principle was not misapplied.

Jurisdiction
Australia
Judgment Date
10 May 2002
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'appeal Against Sentence' 'drug Offences' 'principle of Parity' 'aggravating and Mitigating Factors']
['criminal Law'] ['sentencing' 'appeal Against Sentence' 'drug Offences' 'principle of Parity' 'aggravating and Mitigating Factors']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether there was a misapplication of the parity principle' 'Whether factual findings as to planning and participation were erroneous' 'Whether post-sentence assistance to authorities should affect sentence']

Ratio Decidendi

Leave to appeal was granted but the appeal was dismissed as no sentencing error was demonstrated; the sentences were not manifestly excessive, aggravating factors were properly weighed, and the parity principle was not misapplied.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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