R v Kalpaxis [2001] NSWCCA 119

R v Kalpaxis [2001] NSWCCA 119

The sentencing judge's findings that there was no actual supply, no intention to supply, no ability to supply, and that the proposal was never genuine were open on the evidence and agreed facts. In those exceptional and extraordinary circumstances the offence fell at the least serious end of the spectrum covered by the supply provisions, no error of principle was shown, and the suspended two-year sentence was not so inadequate as to warrant intervention on the Crown appeal.

Jurisdiction
Australia
Judgment Date
02 April 2001
Procedural Posture
Crown Appeal Against Sentence / Court of Criminal Appeal Appeal From a District Court Sentence Imposed After a Guilty Plea
Outcome
Appeal dismissed
Legal Topics
['offering to Supply Cocaine' 'large Commercial Quantity of Cocaine' 'suspended Sentence' 'crown Appeal Against Sentence' 'sentencing Discretion']
['criminal Law' 'sentencing' 'drug Offences'] ['offering to Supply Cocaine' 'large Commercial Quantity of Cocaine' 'suspended Sentence' 'crown Appeal Against Sentence' 'sentencing Discretion']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Court of Criminal Appeal Appeal From a District Court Sentence Imposed After a Guilty Plea

Legal Issues

  1. 1 ['Whether the sentencing judge erred in treating the true character of the offence as more akin to obtaining money by false pretence.' 'Whether the two-year suspended sentence for offering to supply a large commercial quantity of cocaine was so inadequate as to justify appellate intervention on a Crown appeal.' 'Whether the exceptional facts, including no actual supply, no intention to supply and no ability to supply, justified the sentencing outcome.']

Ratio Decidendi

The sentencing judge's findings that there was no actual supply, no intention to supply, no ability to supply, and that the proposal was never genuine were open on the evidence and agreed facts. In those exceptional and extraordinary circumstances the offence fell at the least serious end of the spectrum covered by the supply provisions, no error of principle was shown, and the suspended two-year sentence was not so inadequate as to warrant intervention on the Crown appeal.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']