LU v R [2007] NSWCCA 74

LU v R [2007] NSWCCA 74

Although the starting point and final sentence were relatively high for an offence involving 24.07 grams of heroin, the evidence supported that the applicant was dealing in heroin, he was a recidivist with prior drug supply offending, previous sentences had not deterred him, his prospects of rehabilitation were poor, and personal and general deterrence, retribution and protection of the community justified a heavy sentence. The sentence was not manifestly excessive or beyond the legitimate exercise of the sentencing discretion.

Jurisdiction
Australia
Judgment Date
16 March 2007
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supply of Heroin' 'drug Offences' 'manifest Excess' 'sentencing Discretion' 'guilty Plea Discount' 'deterrence' 'rehabilitation']
['criminal Law' 'sentencing'] ['supply of Heroin' 'drug Offences' 'manifest Excess' 'sentencing Discretion' 'guilty Plea Discount' 'deterrence' 'rehabilitation']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence for supply of heroin resulted from too high a starting point.' 'Whether the sentence imposed for supply of heroin was manifestly excessive.']

Ratio Decidendi

Although the starting point and final sentence were relatively high for an offence involving 24.07 grams of heroin, the evidence supported that the applicant was dealing in heroin, he was a recidivist with prior drug supply offending, previous sentences had not deterred him, his prospects of rehabilitation were poor, and personal and general deterrence, retribution and protection of the community justified a heavy sentence. The sentence was not manifestly excessive or beyond the legitimate exercise of the sentencing discretion.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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