Alvares v R Farache v R [2011] NSWCCA 33

Alvares v R Farache v R [2011] NSWCCA 33

The sentencing judge did not err in assessing the material regarding remorse or in assigning weight to evidence of remorse, nor in fixing non-parole periods, nor in considering prospects of rehabilitation; no error was demonstrated, and in any event, the sentences were not manifestly excessive.

Jurisdiction
Australia
Judgment Date
08 March 2011
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
In each case leave to appeal is granted and the appeal is dismissed
Legal Topics
['conspiracy to Import Border Controlled Precursor' 'conspiracy to Pre Traffic Precursor' 'sentencing' 'remorse' 'non Parole Period' 'prospects of Rehabilitation']
['criminal Law'] ['conspiracy to Import Border Controlled Precursor' 'conspiracy to Pre Traffic Precursor' 'sentencing' 'remorse' 'non Parole Period' 'prospects of Rehabilitation']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the evidence of remorse' 'Whether there was error in fixing the non-parole period' 'Whether there was error in findings about prospects of rehabilitation']

Ratio Decidendi

The sentencing judge did not err in assessing the material regarding remorse or in assigning weight to evidence of remorse, nor in fixing non-parole periods, nor in considering prospects of rehabilitation; no error was demonstrated, and in any event, the sentences were not manifestly excessive.

Court Disposition

In each case leave to appeal is granted and the appeal is dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']