SADEK, Robert v R [2010] NSWCCA 99

SADEK, Robert v R [2010] NSWCCA 99

The sentencing judge's findings about the applicant’s role and receipt of money were open on the evidence and not unfair. The sentence imposed, being less than the standard non-parole period for the more serious offence, was not manifestly excessive given the sophisticated nature of the offending and the applicant's involvement.

Parties
Applicant: Robert Sadek; Respondent: Regina
Jurisdiction
Australia
Judgment Date
13 May 2010
Procedural Posture
Criminal Sentence Appeal / Judgment on Application for Leave to Appeal and Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentence Appeal, Totality, Role in Criminal Enterprise, Use of Evidence, Manifest Excess
Criminal Law Sentence Appeal Totality Role in Criminal Enterprise Use of Evidence Manifest Excess

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Parties

Robert Sadek

Applicant

Regina

Respondent

Procedural Posture

Criminal Sentence Appeal / Judgment on Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the applicant's role in the drug enterprise
  2. 2 Whether impermissible material was used in sentencing
  3. 3 Whether the sentence was manifestly excessive

Ratio Decidendi

The sentencing judge's findings about the applicant’s role and receipt of money were open on the evidence and not unfair. The sentence imposed, being less than the standard non-parole period for the more serious offence, was not manifestly excessive given the sophisticated nature of the offending and the applicant's involvement.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal be granted
  • Appeal be dismissed