Regina v Stead [1999] NSWCCA 41

Regina v Stead [1999] NSWCCA 41

Leave to appeal was refused because the sentencing judge made no discernible error in treating fifteen years as the initial sentence for the applicant's serious role in a conspiracy to import four kilograms of cocaine, and any difference between the applicant's ten-year head sentence and Bonette's sentence was justified by material distinguishing circumstances, especially Bonette's early plea, substantial cooperation, lengthy statement, undertaking to give evidence, and likely need to serve time in protection.

Jurisdiction
Australia
Judgment Date
12 March 1999
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal the sentence is refused.
Legal Topics
['conspiracy to Import a Commercial Quantity of Cocaine' 'sentence Disparity Between Co Offenders' 'assistance to Authorities' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing'] ['conspiracy to Import a Commercial Quantity of Cocaine' 'sentence Disparity Between Co Offenders' 'assistance to Authorities' 'leave to Appeal Against Sentence']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing judge erred by initially considering a sentence of fifteen years before applying reductions under s 16G of the Crimes Act (Cth).' "Whether the sentencing judge failed to reflect the difference between the applicant's role and Bonette's role in the conspiracy." 'Whether the ultimate head sentence of ten years produced an unjustifiable disparity compared with the sentence imposed on Bonette.']

Ratio Decidendi

Leave to appeal was refused because the sentencing judge made no discernible error in treating fifteen years as the initial sentence for the applicant's serious role in a conspiracy to import four kilograms of cocaine, and any difference between the applicant's ten-year head sentence and Bonette's sentence was justified by material distinguishing circumstances, especially Bonette's early plea, substantial cooperation, lengthy statement, undertaking to give evidence, and likely need to serve time in protection.

Court Disposition

Leave to appeal the sentence is refused.

Orders

  • ['Leave to appeal the sentence is refused.']