Laughton v R [2019] NSWCCA 318

Laughton v R [2019] NSWCCA 318

The sentencing judge did not err in assessing the objective seriousness of either the cultivation or supply offences, nor in his treatment of available evidence regarding the applicant's prospects of rehabilitation; no appellable error established.

Parties
Applicant: Peter Edward Laughton; Respondent: Regina
Jurisdiction
Australia
Judgment Date
23 December 2019
Procedural Posture
Criminal Appeal / Sentence Appeal—application for Leave and Substantive Determination
Outcome
Leave to appeal against sentence granted. Appeal against sentence dismissed.
Legal Topics
Sentencing, Cultivation of Prohibited Plants, Drug Supply, Objective Seriousness, Prospects of Rehabilitation
Criminal Law Sentencing Cultivation of Prohibited Plants Drug Supply Objective Seriousness Prospects of Rehabilitation

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Parties

Peter Edward Laughton

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal—application for Leave and Substantive Determination

Legal Issues

  1. 1 Whether the sentencing judge erred in assessing the objective seriousness of the cultivation offence as 'moderate' and involving a high degree of sophistication
  2. 2 Whether the sentencing judge erred in assessing the objective seriousness of the supply offence as 'greater than moderate'
  3. 3 Whether there was evidence to support a claim of a good work ethic relevant to rehabilitation

Ratio Decidendi

The sentencing judge did not err in assessing the objective seriousness of either the cultivation or supply offences, nor in his treatment of available evidence regarding the applicant's prospects of rehabilitation; no appellable error established.

Court Disposition

Leave to appeal against sentence granted. Appeal against sentence dismissed.

Orders

  • Grant leave to appeal against sentence.
  • Dismiss the appeal against sentence.