Regina v Ha [2004] NSWCCA 386

Regina v Ha [2004] NSWCCA 386

Periodic detention was not justified given absence of exceptional circumstances; the sentence imposed was manifestly inadequate and should have been a full time custodial term, but moderation in the re-sentence was exercised due to Crown appeal principles and double jeopardy.

Jurisdiction
Australia
Judgment Date
11 November 2004
Procedural Posture
Criminal Appeal / Judgment on Crown Appeal Against Sentence
Outcome
Crown appeal allowed, sentence quashed and re-sentence imposed
Legal Topics
['sentencing' 'drug Offences' 'periodic Detention' 'general Deterrence']
['criminal Law'] ['sentencing' 'drug Offences' 'periodic Detention' 'general Deterrence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Judgment on Crown Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly inadequate' 'Whether exceptional circumstances warrant periodic detention for supply of prohibited drug' 'Appropriateness of full time custodial sentence for deemed drug supply']

Ratio Decidendi

Periodic detention was not justified given absence of exceptional circumstances; the sentence imposed was manifestly inadequate and should have been a full time custodial term, but moderation in the re-sentence was exercised due to Crown appeal principles and double jeopardy.

Court Disposition

Crown appeal allowed, sentence quashed and re-sentence imposed

Orders

  • ['Crown appeal against sentence allowed.' 'Sentence imposed on 24 May 2004 by Shillington ADCJ quashed.' 'In lieu thereof the applicant is sentenced to a term of imprisonment consisting of a non-parole period of 18 months and a total term of 2 years 3 months to be served by way of periodic detention each term to...