Woodgate v R [2009] NSWCCA 137

Woodgate v R [2009] NSWCCA 137

The sentencing judge did not err by rejecting untested psychological opinion and submissions unsupported by evidence; the sentence was not manifestly excessive in light of the quantity of MDMA involved, the applicant's culpability, and statutory benchmarks; parity with the co-offender was appropriately considered given the markedly lesser charge facing the co-offender; and the modest adjustment for special circumstances was within the judge's discretion.

Parties
Applicant: Rees Woodgate; Respondent: Regina
Jurisdiction
Australia
Judgment Date
07 May 2009
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
Sentencing, Supply of Prohibited Drug, Parity, Special Circumstances, Non Parole Period, Maximum Penalty, Manifestly Excessive Sentence
Criminal Law Sentencing Supply of Prohibited Drug Parity Special Circumstances Non Parole Period Maximum Penalty Manifestly Excessive Sentence

Case Brief

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Parties

Rees Woodgate

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence was manifestly excessive
  2. 2 Whether the judge erred in rejecting submitted evidence including psychologist's opinion
  3. 3 Whether the judge correctly applied principles of parity between co-offenders

Ratio Decidendi

The sentencing judge did not err by rejecting untested psychological opinion and submissions unsupported by evidence; the sentence was not manifestly excessive in light of the quantity of MDMA involved, the applicant's culpability, and statutory benchmarks; parity with the co-offender was appropriately considered given the markedly lesser charge facing the co-offender; and the modest adjustment for special circumstances was within the judge's discretion.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • Application for leave to appeal against sentence granted.
  • Appeal against sentence dismissed.