Regina v Morres George [2002] NSWCCA 419

Regina v Morres George [2002] NSWCCA 419

The Court was not persuaded that the sentencing judge failed to give appropriate weight to the applicant's serious medical condition. The judge expressly took it into account and the sentence imposed was significantly ameliorated on that account, while also reflecting the seriousness of the drug enterprise, the applicant's higher level of involvement than some co-offenders, his prior convictions, and the absence of assistance to authorities. The further medical material did not show deterioration or a material change in condition and did not provide a basis for intervention.

Jurisdiction
Australia
Judgment Date
11 October 2002
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Grant leave to appeal. Appeal dismissed.
Legal Topics
['knowingly Taking Part in Supply of Not Less Than Commercial Quantity of Methylamphetamine' 'form 1 Offences' 'guilty Plea' 'prior Convictions' 'ill Health in Sentencing' 'parity With Co Offenders' 'general Deterrence']
['criminal Law' 'sentencing' 'drug Offences'] ['knowingly Taking Part in Supply of Not Less Than Commercial Quantity of Methylamphetamine' 'form 1 Offences' 'guilty Plea' 'prior Convictions' 'ill Health in Sentencing' 'parity With Co Offenders' 'general Deterrence']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give proper consideration or sufficient weight to the applicant's medical condition and the extent to which imprisonment would be more difficult for him." 'Whether further medical material provided a basis for appellate intervention in the sentence.' "Whether the sentence imposed was appropriate having regard to the applicant's role, guilty plea, prior convictions, ill health, and sentences imposed on co-offenders."]

Ratio Decidendi

The Court was not persuaded that the sentencing judge failed to give appropriate weight to the applicant's serious medical condition. The judge expressly took it into account and the sentence imposed was significantly ameliorated on that account, while also reflecting the seriousness of the drug enterprise, the applicant's higher level of involvement than some co-offenders, his prior convictions, and the absence of assistance to authorities. The further medical material did not show deterioration or a material change in condition and did not provide a basis for intervention.

Court Disposition

Grant leave to appeal. Appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.']