Regina v Nguyen (Thi Xao) [2006] NSWCCA 367

Regina v Nguyen (Thi Xao) [2006] NSWCCA 367

Given the wide sentencing range evidenced by statistics and case law, and the legitimate exercise of the sentencing judge's discretion including the 50% discount, the sentence, though low, was not manifestly inadequate and does not justify appellate intervention.

Jurisdiction
Australia
Judgment Date
24 November 2006
Procedural Posture
Crown Appeal (criminal) / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
['sentence Appeals' 'manifest Inadequacy' 'drug Offences' 'sentencing Discretion']
['criminal Law'] ['sentence Appeals' 'manifest Inadequacy' 'drug Offences' 'sentencing Discretion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Crown Appeal (criminal) / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly inadequate' 'Appropriate sentencing range for offence of supply of prohibited drug under Drug Misuse and Trafficking Act 1985 s 25(1)']

Ratio Decidendi

Given the wide sentencing range evidenced by statistics and case law, and the legitimate exercise of the sentencing judge's discretion including the 50% discount, the sentence, though low, was not manifestly inadequate and does not justify appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']