Mori v R [2021] NSWCCA 32

Mori v R [2021] NSWCCA 32

The sentencing judge did not err in assessing the value and seriousness of the offence, exercised proper sentencing discretion regarding the plea discount, the applicant received competent legal representation, the sentence structure was appropriate, and no miscarriage of justice occurred. Accordingly, the appeal was dismissed.

Parties
Applicant: Michael Kenji Mori; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 March 2021
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal and Substantive Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Appeal Against Sentence, Extension of Time to Appeal, Drug Offences, Manufacture Prohibited Drug, Supply Prohibited Drug, Possess Prohibited Drug Precursor, Sentencing Discretion
Criminal Law Appeal Against Sentence Extension of Time to Appeal Drug Offences Manufacture Prohibited Drug Supply Prohibited Drug Possess Prohibited Drug Precursor Sentencing Discretion

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Parties

Michael Kenji Mori

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal and Substantive Appeal Against Sentence

Legal Issues

  1. 1 Whether sentencing judge erred in assessment of objective seriousness of offence
  2. 2 Whether sentencing judge erred by giving inadequate discount for guilty plea
  3. 3 Whether legal representation in sentencing court was incompetent

Ratio Decidendi

The sentencing judge did not err in assessing the value and seriousness of the offence, exercised proper sentencing discretion regarding the plea discount, the applicant received competent legal representation, the sentence structure was appropriate, and no miscarriage of justice occurred. Accordingly, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Extend time for the filing of the notice of appeal to 5 November 2019.
  • Grant leave to appeal.