Regina v Abdul-Kader [2005] NSWCCA 205

Regina v Abdul-Kader [2005] NSWCCA 205

The sentencing judge was entitled to reject the asserted mitigating factor that the methylamphetamine was intended merely for gratuitous supply to persons at the party, having regard to the high purity, value, presence of plastic bags and the applicant's position that he was not a user of methylamphetamine. The offence was objectively serious, involved almost ten times the trafficable quantity of a dangerous drug, and was committed while the applicant was on conditional liberty. In the absence of a plea, remorse or strong subjective mitigation, the sentence was within the sentencing discretion and was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
01 June 2005
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
The application for leave to appeal was granted but the appeal was dismissed.
Legal Topics
['sentencing' 'drug Supply' 'manifest Excess' 'leave to Appeal']
['criminal Law'] ['sentencing' 'drug Supply' 'manifest Excess' 'leave to Appeal']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence for supplying methylamphetamine was manifestly excessive.' 'Whether it was open to the sentencing judge to reject the contention that the methylamphetamine was intended only for gratuitous supply to persons at the party.']

Ratio Decidendi

The sentencing judge was entitled to reject the asserted mitigating factor that the methylamphetamine was intended merely for gratuitous supply to persons at the party, having regard to the high purity, value, presence of plastic bags and the applicant's position that he was not a user of methylamphetamine. The offence was objectively serious, involved almost ten times the trafficable quantity of a dangerous drug, and was committed while the applicant was on conditional liberty. In the absence of a plea, remorse or strong subjective mitigation, the sentence was within the sentencing discretion and was not manifestly excessive.

Court Disposition

The application for leave to appeal was granted but the appeal was dismissed.

Orders

  • ['The application for leave to appeal is granted.' 'The appeal is dismissed.']