O'Connor v Regina [2013] NSWCCA 226

O'Connor v Regina [2013] NSWCCA 226

The sentencing judge erred in treating the applicant's conduct as aggravated by supply for profit, because the evidence better showed that any money made from drug sales was only enough to enable him to buy more drugs for his own use. However, having regard to the applicant's maturity, criminal record, offence circumstances, sentencing statistics and the range of sentences, the sentence imposed was appropriate and no lesser sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
14 October 2013
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against a Sentence Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supply Prohibited Drug' 'methylamphetamine' 'deemed Supply' 'aggravating Factor of Financial Gain' 'whether Lesser Sentence Warranted']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drug' 'methylamphetamine' 'deemed Supply' 'aggravating Factor of Financial Gain' 'whether Lesser Sentence Warranted']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against a Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding as an aggravating factor that the applicant was supplying for profit over and above the drugs in his possession for his own use.' 'Whether, despite sentencing error, a lesser sentence was warranted in law.']

Ratio Decidendi

The sentencing judge erred in treating the applicant's conduct as aggravated by supply for profit, because the evidence better showed that any money made from drug sales was only enough to enable him to buy more drugs for his own use. However, having regard to the applicant's maturity, criminal record, offence circumstances, sentencing statistics and the range of sentences, the sentence imposed was appropriate and no lesser sentence was warranted in law.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal' 'Dismiss the appeal']