Pak v R [2015] NSWCCA 45

Pak v R [2015] NSWCCA 45

The sentencing judge's finding that the applicant was trafficking to a substantial degree was supported by evidence of multiple indicia of supply beyond drug quantity, and the imposed sentence was within the acceptable range and not manifestly excessive.

Parties
Applicant: Mohammad Baghir Haidari Pak; Respondent: Crown
Jurisdiction
Australia
Judgment Date
27 March 2015
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Supply of Prohibited Drugs, Manifest Excess, Trafficking to a Substantial Degree
Criminal Law Sentencing Supply of Prohibited Drugs Manifest Excess Trafficking to a Substantial Degree

Case Brief

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Parties

Mohammad Baghir Haidari Pak

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the applicant was involved in trafficking to a substantial degree
  2. 2 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge's finding that the applicant was trafficking to a substantial degree was supported by evidence of multiple indicia of supply beyond drug quantity, and the imposed sentence was within the acceptable range and not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed