Taylor v Regina [2007] NSWCCA 191

Taylor v Regina [2007] NSWCCA 191

Although there was an error in the process by the trial judge in not finding special circumstances, the sentences imposed are not manifestly excessive, and no less severe sentence is warranted in law. The appeal against sentence is dismissed.

Jurisdiction
Australia
Judgment Date
04 July 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment
Outcome
Appeal against sentence dismissed
Legal Topics
['sentencing' 'supply of Prohibited Drugs' 'perverting the Course of Justice' 'special Circumstances' 'non Parole Period' 'concurrent Sentences']
['criminal Law'] ['sentencing' 'supply of Prohibited Drugs' 'perverting the Course of Justice' 'special Circumstances' 'non Parole Period' 'concurrent Sentences']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive' 'Whether the sentencing judge erred in not finding special circumstances under s 44 Crimes (Sentencing Procedure) Act 1999' 'Whether the non-parole period and balance term were correctly structured in accordance with statutory requirements']

Ratio Decidendi

Although there was an error in the process by the trial judge in not finding special circumstances, the sentences imposed are not manifestly excessive, and no less severe sentence is warranted in law. The appeal against sentence is dismissed.

Court Disposition

Appeal against sentence dismissed

Orders

  • ['Leave to appeal against sentence granted; appeal dismissed']