Caristo v R [2011] NSWCCA 7

Caristo v R [2011] NSWCCA 7

There was no error in the exercise of discretion by the sentencing judge in fixing the non-parole period for the ecstasy offence; the period was intended, justified, and did not warrant appellate intervention.

Jurisdiction
Australia
Judgment Date
10 February 2011
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused
Legal Topics
['appeal Against Sentence' 'special Circumstances in Sentencing' 'non Parole Period Determination']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

  1. 1 ['Whether sufficient weight was given to the finding of special circumstances in fixing the non-parole period for the ecstasy offence']

Ratio Decidendi

There was no error in the exercise of discretion by the sentencing judge in fixing the non-parole period for the ecstasy offence; the period was intended, justified, and did not warrant appellate intervention.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal be refused']