MP v Regina [2009] NSWCCA 226

MP v Regina [2009] NSWCCA 226

Aggravating factors relating to disregard for public safety and planning were properly considered where the extent and scale of the offending exceeded what is inherent to the offence. The sentence was not manifestly excessive; the seriousness of the offending and need for deterrence justified the head sentence.

Parties
Applicant: MP; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
10 September 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Sentence Appeal, Conspiracy to Sell Unregistered Firearms, Aggravating Factors, Manifestly Excessive Sentence
Criminal Law Sentence Appeal Conspiracy to Sell Unregistered Firearms Aggravating Factors Manifestly Excessive Sentence

Case Brief

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Parties

MP

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether features identified as matters of aggravation were inherent in the offence
  2. 2 Whether the offence was committed without regard to public safety
  3. 3 Whether the offence was part of a planned or organised criminal activity

Ratio Decidendi

Aggravating factors relating to disregard for public safety and planning were properly considered where the extent and scale of the offending exceeded what is inherent to the offence. The sentence was not manifestly excessive; the seriousness of the offending and need for deterrence justified the head sentence.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.