Budin v Regina [2006] NSWCCA 393

Budin v Regina [2006] NSWCCA 393

The sentencing judge had the relevant subjective and objective matters before him and plainly took them into account; no express error was detected and the length of the sentence did not imply error, so although leave to appeal was granted the sentence appeal was dismissed.

Jurisdiction
Australia
Judgment Date
08 December 2006
Procedural Posture
Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Leave to Appeal Granted and Sentence Appeal Determined
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['supply of Prohibited Drug' 'methylamphetamine' 'plea of Guilty' 'special Circumstances' 'subjective Circumstances' 'manifest Excess']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Prohibited Drug' 'methylamphetamine' 'plea of Guilty' 'special Circumstances' 'subjective Circumstances' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Leave to Appeal Granted and Sentence Appeal Determined

Legal Issues

  1. 1 ['Whether the sentence imposed for taking part in the supply of methylamphetamine was manifestly excessive.' "Whether the sentencing judge erred in weighing the applicant's role, cooperation, record, rehabilitation prospects, guilty plea, age and ill health." 'Whether special circumstances justified departure from the statutory ratio between the non-parole period and the head sentence.']

Ratio Decidendi

The sentencing judge had the relevant subjective and objective matters before him and plainly took them into account; no express error was detected and the length of the sentence did not imply error, so although leave to appeal was granted the sentence appeal was dismissed.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']