Scheers v R [2009] NSWCCA 224

Scheers v R [2009] NSWCCA 224

The sentencing judge did not err in describing the applicant as having a well-entrenched pattern of disobedience to the law. The sentence imposed took into account the personal circumstances, the multiplicity of offences, and the relevant principles without error. The sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
11 September 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Sentence Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['appeal Against Sentence' 'manifestly Excessive Sentence' 'drug Offences' 'assessment of Prior Criminal History']
['criminal Law'] ['appeal Against Sentence' 'manifestly Excessive Sentence' 'drug Offences' 'assessment of Prior Criminal History']

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

Criminal Appeal / Application for Leave to Appeal Sentence; Sentence Appeal

Legal Issues

  1. 1 ['Whether the sentence was manifestly excessive' 'Whether the sentencing judge erred in finding the applicant had a well-entrenched pattern of disobedience to the law']

Ratio Decidendi

The sentencing judge did not err in describing the applicant as having a well-entrenched pattern of disobedience to the law. The sentence imposed took into account the personal circumstances, the multiplicity of offences, and the relevant principles without error. The sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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