REGINA v. STEWART [2002] NSWCCA 165

REGINA v. STEWART [2002] NSWCCA 165

The sentence imposed was not unreasonable or unjust, nor did the trial judge err in principle or fact; therefore, the ground that the sentence was manifestly excessive was not made out and the appeal should be dismissed.

Parties
Prosecutor: Regina; Applicant: Reginald Stewart
Jurisdiction
Australia
Judgment Date
08 May 2002
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal granted; appeal dismissed
Legal Topics
Drug Trafficking, Sentencing, Manifestly Excessive Sentence
Criminal Law Drug Trafficking Sentencing Manifestly Excessive Sentence

Case Brief

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Parties

Regina

Prosecutor

Reginald Stewart

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive having regard to the applicant's culpability and personal circumstances

Ratio Decidendi

The sentence imposed was not unreasonable or unjust, nor did the trial judge err in principle or fact; therefore, the ground that the sentence was manifestly excessive was not made out and the appeal should be dismissed.

Court Disposition

Application for leave to appeal granted; appeal dismissed

Orders

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