Esquilant v Regina [2005] NSWCCA 421

Esquilant v Regina [2005] NSWCCA 421

The sentencing judge did not infringe the principle in De Simoni v The Queen, as he only considered the applicant's prior conduct to determine the context and objective criminality of the current offence, not as aggravating factors beyond the charged offence.

Parties
Applicant: Mischa Esquilant; Respondent: Regina
Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentencing, Ongoing Supply of Drugs, Consideration of Uncharged Supply Acts
Criminal Law Sentencing Ongoing Supply of Drugs Consideration of Uncharged Supply Acts

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Parties

Mischa Esquilant

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge improperly relied on uncharged supplies as aggravating factors
  2. 2 Application of the principle in De Simoni v The Queen to sentencing for ongoing supply

Ratio Decidendi

The sentencing judge did not infringe the principle in De Simoni v The Queen, as he only considered the applicant's prior conduct to determine the context and objective criminality of the current offence, not as aggravating factors beyond the charged offence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Application for leave granted
  • Appeal dismissed