REGINA v DROUBI [2002] NSWCCA 269

REGINA v DROUBI [2002] NSWCCA 269

The sentence was manifestly excessive primarily because insufficient weight was given to the applicant's subjective circumstances of rehabilitation and family support. The appropriate sentence was determined to be five years with a non-parole period of three years and three months.

Jurisdiction
Australia
Judgment Date
18 June 2002
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence in respect of the trial matter quashed and substituted; other sentences confirmed.
Legal Topics
['sentencing' 'supply of Prohibited Drugs']
['criminal Law'] ['sentencing' 'supply of Prohibited Drugs']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' "Whether sufficient weight was given to the applicant's subjective circumstances"]

Ratio Decidendi

The sentence was manifestly excessive primarily because insufficient weight was given to the applicant's subjective circumstances of rehabilitation and family support. The appropriate sentence was determined to be five years with a non-parole period of three years and three months.

Court Disposition

Appeal allowed; sentence in respect of the trial matter quashed and substituted; other sentences confirmed.

Orders

  • ['Leave to appeal against sentence be granted' 'The appeal be allowed and the sentence in respect of the trial matter be quashed' 'In lieu thereof, and taking into account the matter on the Form 1, the applicant be sentenced to imprisonment for 5 years to commence on 23/01/01 and expire on 22/01/06, with a...